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In brief, many family law matters concerning adultery include evidence that has come from the cheating party’s social media sites.Many people do not realize it, but even if you alter your privacy settings on Facebook or Instagram, for example, the information you post still can be discoverable by the other side.This article was co-authored by Klare Heston, LICSW.Klare Heston is a Licensed Independent Clinical Social Worker in Ohio.Evidence from social media sites may include: Remember that cellphones also store a significant amount of personal information that can be obtained through the discovery process.Emails, texts, and other proof of adultery kept on a phone can be used in court.
A spouse may try to hold it against the other spouse if they moved in immediately with a new partner or if there’s evidence of online accounts.If you are in the process of filing for divorce because your spouse was having an affair, you might be wondering whether that adultery will impact your divorce settlement and, if so, how you can prove adultery.Although adultery is considered a misdemeanor criminal offense under North Carolina law, the primary reason that many spouses want to prove adultery does not have to do with criminal charges.When the court looks at whether either spouse cheated during the marriage, the court considers each spouse’s behavior up to the point of separation.The day the parties separate is the day that a new relationship isn’t held against a divorcing spouse.
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Today, more than 20 percent of heterosexual couples meet online.