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OUR FOUNDING ATTORNEY, RHONDA PATTERSON

Heart balm claims and social media

As this blog has discussed on previous occasions, so-called heart balm claims are alive and well in North Carolina. To review, a Charlotte resident can file a heart balm claim against a third party who has an affair with his or her spouse or who otherwise engages in behavior that disrupts a happy marriage.

In today’s age, Facebook, Twitter, and other social media play an important role in heart balm claims. After all, family lawyers and spouses going through a divorce or separation have discovered that these social media sites can store valuable, and sometimes damning, information about the other party.

Contrary to popular misconceptions, nothing is really private on social media, and a lot of what clever attorneys do discover on social media sites is fully admissible in court. As such, compromising pictures, messages, and the like can give away the fact that a spouse is or has been cheating.

Likewise, social media posts can also reveal with whom one’s spouse is communicating and may allow the other spouse to discover the name of an affair partner.

Social media can therefore be a valuable tool for someone who is contemplating filing a heart balm claim since it can provide evidence he or she needs to get justice. It is important, however, for such people to remember that they must obtain information from social media posts via legal means only.

Unlawfully trolling for such information can land a person in serious legal hot water. This is one reason why investigations in to heart balm claims are often best handled with the help of an experienced North Carolina family law attorney.