It is not uncommon to see Facebook, Instagram, Twitter, Snapchat, and other social media accounts in matrimonial and custody disputes.  While there’s nothing wrong with monitoring another person’s social media account and using it as support for your case, it is a crime to access another person’s account without their permission.  Accessing an account of another without their consent is a federal crime under Section 2701 of the Stored Communications Act, which provides penalties for anyone who “intentionally accesses without authorization a facility through which an electronic communication service is provided or…intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is electronic storage in such system.” 

Our firm often relies on an opposing party’s online statements during litigation.  Any statement made by a party can use used against that party in court as a party admission.  Statements and images about or depicting the opposing party’s assets, travel, drinking and drug use, or other information can often be used as exhibits in motions and exhibits.  If you are involved in a matrimonial or custody dispute, it’s important that you consider your own online footprint.  Don’t post pictures or statements you do not want your ex to see even if you have blocked them on social media.  Oftentimes parties create accounts using fake names and pictures to trick others into accepting them as friends to access otherwise private images.

While finding your spouse on Ashley Madison or learning they have been having inappropriate conversations with an ex on Facebook may be the reason you are divorcing, it is not necessarily your grounds for divorce. New York is a “no-fault” divorce state, meaning it’s not necessary to allege that one party was to blame for the divorce. Getting a no-fault divorce is quicker, easier, and less expensive than establishing fault-based grounds. With less conflict between spouses, no-fault divorces often result in less emotional harm to the parties and their children. Additionally, monetary awards are based on a spouse’s need, ability to pay, and family finances, rather than their role in the breakdown of the marriage.