A recent study conducted by the American Academy of Matrimonial Lawyers (AAML) shows that more than 30 percent of all divorce filings in the United States cite lewd behavior of a marital partner on Facebook as a cause for their marital break-up.  The AAML found that consistently the primary reasons for why spouses ended their marriage when referencing Facebook in their divorce papers was the discovery of their partner having surreptitiously engaged in questionable behavior over Facebook, such as sending inappropriate messages to “friends” of the opposite sex.

Ilana Gershon, an Indiana University professor and author of "The Breakup 2.0: Disconnecting Over  New Media” notes, through researching individuals from their teens to their late 50s, that Facebook has led to the phenomenon of partner-stalking.  According to Gershon’s research, partners explain that because Facebook posts consist of minute pieces of information that are provided without context, it leads to suspicion and a desire to know the truth; this desire ultimately causes partners to stalk each-others’ profiles over Facebook.  In fact, Gershon’s research disclosed that many college students deactivated their Facebook accounts to save their relationships. 

Adultery is one of the fault grounds of divorce in New York under DRL 170 (4). In this highly electronic age, Facebook communications can cause the demise of the relationship, while also providing evidence of adultery to support a divorce action in court.

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