How are social media, email, text, and other electronic evidence used in divorce or custody case in Florida Family Court?

Florida is a no-fault divorce state, meaning that even if your ex-spouse found incriminating evidence in your social media posts, emails, or text messages it will not be used against you as evidence for the divorce to be finalized. The evidence can be used adversely against you when the court is deciding child custody and support. Pictures that are inappropriate may be used in court to demonstrate that the parent’s behavior is not in accordance with the child’s best interest, and can affect the child custody agreement. Additionally, posting pictures of frivolous spending on social media can be used to illustrate that the parent has some kind of funds to pay for child support and can even affect the equitable distribution of the assets and liabilities by showing that you have been using the marital assets inappropriately prior to the division of the assets. Even though the posts will not be allowed to be used unless they are to illustrate a legal point, it is still wise to think twice as to what you want to post on social media.Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.

When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.


The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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