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Social Networking

By Laurence J. Cutler and Robert A. Epstein

Social networking Web sites have ushered in an age of technological interpersonal relationships, bringing millions of people together and providing an open platform for account holders to say literally whatever is on their minds. From Facebook to MySpace to Twitter to LinkedIn, there are countless ways to “reach out and touch someone,” but in a way never previously thought imaginable, and far beyond the more private realm of electronic mail, and text and instant messaging.

However, with what can only be described as a great expansion in communication come greater risks and responsibilities that people often do not consider from a legal standpoint. From an evidentiary perspective in a matrimonial law context, it is all too common for people to reveal on their social networking pages many intimate details of parts of their lives (including photographs), such as their marriages, finances, spending habits, infidelity, substance use and children. Anecdotal experience shows that the use of such evidence in matrimonial matters is quickly on the rise, often providing a “smoking gun” moment for litigators looking to bolster their client's position and credibility.

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