Social media is being used as evidence in litigation more often

Facebook evidence


Photographer: WXYZ
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 05/02/2012

(WXYZ) - Millions of us use Facebook, Twitter and YouTube every day.

However, now more than, social media is also finding its way into the courtroom - as evidence.

"It's pretty conclusive and that's the type of thing that forces settlements, says Henry Gornbein, a family law attorney in Bloomfield Hills.

"I've had cases where my client, the wife in the situation, found out that her husband was having an affair by Facebook pictures. It's happening more and more," says Gornbein.

Experts say social media profiles can reveal a lot like a person's state of mind, evidence of communication, time, place and actions.

"Some attorneys will tell clients turn off their facebook account, don't post, don't email. I don't go to that extreme, but i will tell people anything you say or do can be fair game for your spouse or his or her attorney," says Gornbein.

A California law firm recently released a study on how social media can provide "smoking gun evidence" in court.
Among its examples, a woman who was getting $850 a month in alimony because she was supposedly disabled in an accident.

A few years later, her ex-found pictures of her online, belly dancing. The judge denied her lifetime spousal support.

Carmen Moyer, a family law attorney in Farmington Hills says social media sites can be huge sources of information, especially cases of infidelity, but it can also be useful in negotiations, child support or alimony when income can come into question.

Bottom line - social media evidence in litigation seems to be "trending" a lot more these days."

"Just be aware that once you put it out there, it's out there," says Moyer.

"Use discretion, use judgement. Too often people don't," says Gornbein.

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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