Can on-line postings and emails be entered into the court recordas proof my husband was having an affair?

UPDATED: Jun 13, 2011

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Can on-line postings and emails be entered into the court recordas proof my husband was having an affair?

I found facebook postings on my husband’s facebook confirming that he was in a relationship with another women.

Asked on June 13, 2011 under Family Law, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When you say "postings" do you mean pictures?  Or are they just statements?  Do the statements give events that the two can be traced to together and where you can find people to testify as witnesses to the relationship?  Here is the problem with e-mails and postings to facebook or other on-line social networks:  although you assume that the person writing and posting is your husband,the court is suspicious of that unless you can give proof - and I mean REALLY give proof - that the account has not been hacked or that someone else did not have his password and decided to mess around with his life, etc.  I would speak with an attorney in your area who may best know how the courts and judges view this form of evidence in divorce cases.  Good luck.

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