Its not news that Facebook has become highly relevant in
divorce litigation. Facebook changed how its search engine accesses posts, however,
and this has implications as to how you should post if you are in litigation,
or contemplating possible divorce.
Timothy Conlon discusses digital forensics in divorce
Providence Journal video by Steve Szydlowski
For starters, the best advice is still the simplest - if you don't
want a judge to see a post, don't post it at all. Throwing up every
event in your life is inviting public scrutiny. If your in a divorce or
custody battle, privacy is the best policy. Even if your posts aren't found
because of the changes discussed below, you can be compelled to produce
them in litigation, or sanctioned for deleting them. So the easy answer
is don't post.
Of course not all folks are certain they are heading into litigation, nor
do they want to live under the burden of surveillance. Here's where
understanding what has changed at Facebook, and what options you have comes in.
Early Facebook searches returned people or company pages, and ignored individual
posts. Those days are gone. But wait, there's more. When FB opened
up post data to its search engine - it initially did it for friends only.
In other words you searched your friends posts. Now its PI heaven - when
you search you see
all public posts.
The tactical response is simple- make your posts accessible to friends
only. Does the whole world really need to know where you ate last night?
Do you want a private investigator looking at that data?
For a walkthrough, go