Social media evidence can be admissible in divorce cases in New York State, but it must meet certain requirements to be considered by the court. The admissibility of social media evidence and divorce cases is determined by the same rules that apply to other types of evidence, such as emails, text messages, and photographs.
The evidence must also be relevant, meaning it must have a tendency to make a fact more or less probable than it would be without the evidence. It must also be authentic, meaning that the party offering the evidence must be able to prove that it is what it purports to be, such as a post made by the other party on their social media account period to ensure that social media evidence is admissible, it is important to properly authenticate it.
This can be done by obtaining an affidavit or testimony from the person who created the post or message, or by obtaining a certified copy of the post or message from the social media platform. The party offering the evidence must also be able to demonstrate that the poster message was not altered or tampered with. It is also important to note that the use of social media evidence in divorce cases can have legal and ethical implications. Therefore, it is recommended that individuals seek the advice of a qualified divorce attorney before attempting to use social media evidence in their case.