As technology develops, it inevitably seems to impact our love lives and relationships. Applications for smart phones and tablets now allow people to meet in new ways (such as identifying others using the application who are nearby). Websites also exist that offer not just ways to meet, but near matchmaking – asking questions and finding other site users that are compatible. Websites like Facebook allow couples to identify themselves with “relationship statuses,” as well as by posting pictures and life events to share with friends and others.
However, those developments are not just at play as a relationship develops; they can be critically important during a divorce.
Adultery
Under current Illinois law, adultery is one of several fault-based grounds for divorce. In order to obtain a divorce based on adultery, the party seeking the divorce must show that through no cause or provocation, the other party committed adultery. Thus, if the party seeking the divorce caused the adultery in some way (by agreeing to it or helping his or her spouse meet someone else), they may be unable to prove adultery as a ground for divorce.
In 2016, new laws go into effect and will eliminate all fault-based grounds of divorce. Parties seeking divorce will only need to show irreconcilable differences; however, evidence of divorce may support the argument that the parties have irreconcilable differences that have caused the irretrievable breakdown of the marriage.
Social Media and Adultery
With the increased access to social media for romantic purposes has come an increased use of social media for the purposes of adultery. Facebook may allow old flames to reconnect when they otherwise may never have seen or spoken to one another again. Dating websites allow married people to continue dating. There are even websites that are dedicated to facilitating adultery. A well-known site, Ashley Madison, was recently in the news after they experienced a data breach that exposed millions of the site’s clients – millions of people who paid for an account in order to commit adultery. While adultery existed prior to social media, social media has certainly found new ways to facilitate it.
Social Media in Court
If a party to a divorce has committed adultery, it is likely that he or she may have some information on social media about the adultery. For example, people who cheat with Facebook friends may have photographs, messages on their Facebook walls, or direct messages with the person with whom they cheated. Someone who has perused dating websites may have a profile or messages between themselves and other site users.
Social media posts and other readily available documentation online (such as a dating profile that any member of the dating site can see) may be admitted into evidence. They pose some challenges; there is the danger that posts and messages can be edited or deleted. It can also be difficult to authenticate (or prove that the posts or messages were created by the party to the divorce). However, given that so much of our communication occurs online, it may be helpful to have access to that information for your case.
If you or your loved one has questions about your divorce in Illinois, contact me for a consultation today. I can review your case and help you understand possible outcomes and the best options for you and your family.
