Do you communicate using Facebook, Twitter or other social media services? Some Ohio residents know that in a divorce proceeding, it can be difficult to develop and prepare your case. It's often a game of "he said, she said." However, recent surveys from the American Academy of Matrimonial Lawyers (AAML) show that there has been an increase in collection of evidence taken from social networking sites and other technological devices for family law proceedings.

The surveys show that 92 percent of respondents reported an increase in the number of cases using evidence from smartphones. Ninety-four percent have indicated a rise in the use of text message evidence. Specifically, Facebook was the most popular site for extracting evidence.

The surveys serve as a lesson that once you put something writing, you should assume that a judge will eventually see it. Anything you transmit via text message could be used as evidence. Furthermore, because the way we communicate has changed so dramatically over the past few years, it is difficult to avoid these common technology communication sources. Texts, e-mails, and Facebook posts are a part of our everyday lives.

The documented material is typically used in evaluating someone's credibility or character. Furthermore, in family law, once a person's credibility is questioned with their own recorded statements, then everything else can be doubted about that person.

Because texts are so easy to compose, they are often the most dangerous. They are typed in the spur of the moment. This results in incriminating evidence that is not thought through. A source explains that "texts can be the written equivalent of a heated discussion, but without any of the doubt afterward about the exact words and language that had been used."

It's important to be aware of what you are communicating through electronic mediums. A simple Facebook post written in the heat of the moment could come back to haunt you.

Source: Huffington Post, "Getting divorced? Stop texting and get off Facebook," Ken Altshuler, Feb. 23, 2012