The news is filled with reports of Facebook causing divorces. Facebook has made it much easier to get in touch with and rekindle old flames. But, does Facebook matter once a divorce case has started in Florida? The answer is no, yes and it depends.
Florida is a non-fault divorce state, which means that you need not allege a specific factual situation, such as my husband or wife cheated on me, to get a divorce. In most cases, all that needs to be alleged is the marriage is irretrievably broken. In the majority of cases, a court is not going to consider whether or not infidelity occurred during a marriage. To establish grounds for divorce, any evidence of infidelity gleaned from Facebook will be of little value.
Here is where it matters. In divorces involving child custody, what is posted on Facebook can definitely impact the outcome of a case. Child custody disputes often involve the fitness of a parent. Substance abuse is a common parental fitness issue that can impact child custody decisions. If substance of abuse of a parent is made an issue in a child custody dispute, an image from a Facebook posted of a drunken parent from a bar at 2:00 a.m. could definitely have a negative impact on a parent seeking significant parenting time in a divorce case.
While it is good practice to never post anything that you would not want your employer or grandmother to see on Facebook, if you are or think you may be involved in divorce where custody of child may be issue, think twice about what you post on Facebook. Your posts could be subject to discovery and end up in court.
If you have questions about divorce and live in the Jacksonville Metropolitan Area, give us a call. We are happy to sit down with you and discuss your case in a free initial consultation. Please contact The Taylor Law Office at 904.339.LAW8 (5298), via e-mail at [email protected], or through this website.
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