How Social Media Can Be Used as Evidence in Your Kansas Divorce

Reviews of divorce filings in the United States and other countries have found that the word “Facebook” appears in up to one-third of complaints. Now there are several reasons why a popular online platform would be mentioned, but there is no question that social media can be a powerful source of proof in a divorce case. Posts and photos can provide evidence of an extramarital affair, dangerous behavior that casts doubt on someone’s parenting ability or a lifestyle that diverges from a party’s financial representations. However, what’s found on Facebook, Instagram, TikTok or anywhere else online must be collected and presented correctly to support one’s legal case.

A knowledgeable family law attorney can advise you regarding the use of your spouse’s social media history under the Kansas Rules of Evidence. Specific forms of online activity that come into play include the following:

• Lifestyle platforms with posts, photos and videos — Some people naturally go straight to Facebook, Instagram, TikTok or another social media platform when something interesting happens. This can be a bad idea during a divorce, especially if the post or photo reveals something their spouse does not know.
• Direct messages — On sites such as X (formerly Twitter), users sometimes utilize direct messaging to shield their conversations from the public. However, if uncovered through legal discovery or some other means, these communications can provide powerful evidence of infidelity, harassment or other relevant interactions between parties, or with third parties.   
• Payment apps — Venmo, CashApp and other payment platforms can offer a detailed record of financial transactions. This information might sway issues relating to property division, spousal maintenance and child support. 

As far as the particular format of social media evidence, screenshots alone are often weak as they can lack metadata and are easily altered. Stronger options include full-page captures with visible URLs and timestamps, information downloads from the platform or use of forensic preservation tools that generate hash values and chain-of-custody records.

Artificial intelligence and other forms of advanced technology now make it possible to produce images that look incredibly realistic even though they are not. There are also methods of enhancing photos to highlight a specific feature. Do not make any changes to a post or image that you might use as part of your case, even if you believe that you are not altering the underlying truth of what actually occurred. Conversely, don’t adjust or destroy any text, post or picture that your spouse is requesting as part of the divorce. Under the state’s civil procedure laws, the intentional failure to preserve electronically stored information in anticipation of litigation can lead to a negative inference against that party, and possibly even harsher sanctions. 

The Henry Law Firm P.A., in Overland Park provides insightful counsel on the use of social media evidence in Kansas divorces and other family law matters. For a consultation regarding your particular situation and legal needs, please call 913-381-5020 or contact us online.