Illinois Divorce Lawyer: Facebook as Evidence

An article published in one of the leading bar journals discussed the use of social media postings as evidence in court cases. The article happened to concern a criminal case, where a Facebook posting allegedly made by a defendant using his mother’s Facebook page had statements from the defendant admitting to the time, place and means of the crime. Certainly Facebook and other social media are much more often employed these days in divorce and child custody cases, where parents try to assemble negative information and evidence concerning their spouse’s behaviors, infidelity, or use the social media platforms to stalk or otherwise gather information about their former partners and their habits and behaviors. Whenever evidence is to be used in a court hearing, the evidence must meet certain tests for reliability.  One does not have to be a forensic IT expert to know that a fraudulent Facebook page or identity can be created, or that a post can be posted by…

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