Facebook tops for online evidence: divorce lawyers

Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled.

Oversharing on social networks has led to an overabundance of evidence in divorce cases.

The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the past five years.

"Oh, I've had some fun ones," said Linda Lea Viken, president-elect of the 1600-member group. "It's very, very common in my new cases."

Facebook is the unrivaled leader for turning virtual reality into real-life divorce drama, Viken says.

Sixty-six percent of the lawyers surveyed cited Facebook foibles as the source of online evidence, she said.

MySpace followed with 15 percent, followed by Twitter at 5 percent.

About one in five adults uses Facebook for flirting, according to a 2008 report by the Pew Internet and American Life Project.

But it's not just kissy pix with the manstress or mistress that show up as evidence. Think of Dad forcing son to de-friend mom, bolstering her alienation of affection claim against him.

"This sort of evidence has gone from nothing to a large percentage of my cases coming in, and it's pretty darn easy," Viken said. "It's like, 'Are you kidding me?'"

Neither Viken, in Rapid City, South Dakota, nor other divorce attorneys would besmirch the attorney-client privilege by revealing the identities of clients.

But they spoke in broad terms about some of the goofs they've encountered:

● Husband goes on Match.com and declares his single, childless status while seeking primary custody of said nonexistent children.

● Husband denies anger management issues but posts on Facebook in his "write something about yourself" section: "If you have the balls to get in my face, I'll kick your ass into submission."

● Father seeks custody of the kids, claiming (among other things) that his ex-wife never attends the events of their young ones. Subpoenaed evidence from the gaming site World of Warcraft tracks her there with her boyfriend at the precise time she was supposed to be out with the children. Mom loves Facebook's Farmville, too, at all the wrong times.

● Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.

The disconnect between real life and online is hardly unique to partners de-coupling in the United States.

A DIY divorce site in the United Kingdom, Divorce-Online, reported the word "Facebook" appeared late last year in about one in five of the petitions it was handling.  (The company's caseload now amounts to about 7000.)

Divorce attorneys Ken and Leslie Matthews, a husband and wife team in Denver, Colorado, don't see quite as many online gems.

They estimated 1 in 10 of their cases involves such evidence, compared to a rare case or no cases at all in each of the last three years.

Regardless, it's powerful evidence to plunk down before a judge, they said.

"You're finding information that you just never get in the normal discovery process - ever," Leslie Matthews said.