Using Facebook Evidence of Adultery

Clients almost always come to their divorce lawyers armed with evidence about their spouse’s infidelity.  Unfortunately, in Massachusetts, infidelity is not nearly as relevant to divorce as clients wish.  Mostly, judges don’t want to hear about it.  Judges might consider it with regard to alimony or property disposition, but even then it’s one of many factors considered.

However, there are a few ways you can sneak evidence of adultery into your divorce.  As a first example, let’s say you’ve found photos on Facebook where your wife is doing something she’s testified in court that she has never done. Perhaps it’s a picture of her with her new boyfriend in Rio de Janeiro, when she said she’s never left the country.  Or it’s a picture of her and the boyfriend at a strip club when she told the court she leads a completely conservative and upstanding life.  You can introduce these pictures to question her credibility before the court.  Ideally, the court will wonder if she is lying about pertinent topics, like her income and care for the children, as well. 

In another scenario, you find photos of your husband on Facebook or Flickr, and he is on a fancy vacation in the Maldives with his girlfriend.  Or it’s a picture of him giving his new girlfriend a Lexus for her birthday.  This evidence could prove that your spouse has been using marital funds on his adultery.   While the adultery itself is minimally relevant, the inappropriate use of marital funds could cause a lot of trouble.

My favorite Facebook story occurred in the state of Washington.  A woman was browsing Facebook, when the website suggested that she friend a woman with her husband’s last name.  She did not recognize the woman as a family member, and curiously friended her.  On closer inspection, the mystery woman’s profile included wedding photos with the original woman’s husband.  He was married to them both!  The original wife moved forward with bigamy charges and a divorce.

If you work with an attorney, you might be able to enter at least some adultery evidence.