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More and more divorce lawyers searching social media for evidence

DivorceSome of the best evidence available to a divorce attorney can be now found on social networking sites, like Facebook, MySpace, LinkedIn, YouTube and Twitter (Your Digital Trail and What It Can Mean for Your Divorce or Child Custody Dispute), according to Ohio State Bar Association member Jeffrey M. Rollman of Cohen Todd Kite & Stanford, LLC, in Cincinnati.

The three sites most used in divorce litigation are Facebook, MySpace, and Twitter. Divorce lawyers are finding that parties involved in a divorce often utilize social networking sites as a means of obtaining support during a highly emotional period of their lives.

According to the American Academy of Matrimonial Lawyers, 81 percent of its members have seen a rise in the number of cases involving social media with 66 percent citing Facebook as the primary source for online divorce evidence. According to a UK-based divorce firm, 20 percent of the divorce petitions it processed last year among 40-50 year old surfers pointed to Facebook as playing a role in the divorce.

The court system seems slow in adequately addressing this rapidly growing form of electronically stored information, and the burdens of admissibility that this type of evidence creates.

Rollman will explore more of the impact
of social media on family law practice at the OSBA CLE seminar Ohio Family Law Institute on June 6 and 7 in Columbus.

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