A significant number of Australians are on at least one social media site. As it has become so commonplace, we have started seeing both positive and negative effects of social media use on the divorce application process.
Social media is often used as a way to stay connected with people. This can be extremely helpful if you no longer have current contact details, such as an address, phone number or email address, for your spouse when filing for divorce.
In Australia the divorce process normally requires that a Respondent is served with the divorce application, so they are aware the divorce is occurring and have the opportunity to file a response to divorce if they wish to do so. In many cases, especially if there are no children, an Applicant and Respondent are no longer in contact by the time a divorce is being filed.
When an Applicant for divorce has lost all contact details for a Respondent, a Respondent may be contacted on social media to obtain a current address for service to occur. Alternatively, if a Respondent refuses to provide the address or ignores the message, but is clearly still using the social media account, it can sometimes be possible to obtain an order from the Court to serve the Respondent via social media. An example of being able to see whether a Respondent still uses the social media account would be being able to view recent posts or check ins at locations on their profile. To clarify, this service method would be conducted via private message, so the private documents are not displaying on social media for anyone other than the Respondent to see.
Social media has become so prevalent that if applying to the Court for a full dispensation of service requirements due to an inability to locate the Respondent, it is often necessary to specifically address whether common social media platforms, such as Facebook, have been searched and the results of that search.
Social media can also be a helpful way to prove that service has already occurred. For example, we previously acted in a matter where traditional service attempts on the Respondent had been unsuccessful. The Respondent made a social media post indicating they would never let a divorce between them and the Applicant occur, it was clear in the post based on timing and the content that they had received our correspondence. Accordingly, we were able to provide this post to the Court within an Affidavit, and an order was made by the Court finding the divorce had been served based on the evidence provided. The divorce was then granted without delay.
Another example of how social media can affect your divorce is its potential use in affidavits to support evidence provided to the Court regarding separation timeframes. Social media posts or relationship status updates can sometimes help clarify when the separation occurred. These timeframes are important because you must be separated for at least 12 months before filing for divorce in Australia. While it is not usually necessary to provide evidence of separation when lodging a divorce application, this requirement changes if the parties were living separated under the one roof for any part of the 12 months before filing, or if the Respondent files a response and the divorce becomes contested on the issue of whether there has been a full 12 months of separation.
As these examples have shown above, social media can often play a very helpful role in processing your divorce application. However, it is important to be mindful of what you post online during this time, as posts can sometimes be used in Court proceedings.
If you need guidance on navigating divorce and how social media might impact your case, our team can help. Contact us at Auslex, Your Divorce, or call 1300 531 137 to discuss your situation with an experienced professional.
