Social Media and Divorce

Social Media and Divorce

Social media has become a huge part of our lives. Platforms like Facebook, Instagram, and Twitter let us stay connected to friends and family, share updates, photos, and videos, and express ourselves. But social media can also have unintended consequences, especially when it comes to divorce proceedings. In this article, we’ll look at how social media can impact divorce cases, and what you need to know if you’re going through a divorce.

Social Media as Evidence in Divorce

In today’s digital age, it’s common for people going through a divorce to have a significant online presence. Posts, photos, messages, and other online activity may end up being used as evidence in divorce cases. Family law attorneys are increasingly scouring social media accounts for any information that could be relevant. Here are some examples of how social media activity can become evidence:

• Photos or posts showing assets like expensive vacations, jewelry, cars, or other luxuries. This could affect decisions about alimony or the division of assets.
• Evidence of infidelity or inappropriate relationships. Romantic posts, messages, and photos with someone other than your spouse can demonstrate adultery.
• Contradictory information about your health or abilities. For example, claiming a debilitating injury while photos show you doing physically demanding activities.
• Parenting concerns like drug or alcohol use. Also, photos or posts showing you violating court orders regarding your children.
• Details about your finances and employment. Bragging about purchases, job changes, or other financial details may not match what you claim in court.

In some cases, courts have even ordered divorcing parties to turn over their social media passwords and account information. So it’s important to be very cautious about what you post during a divorce.

Tips for Managing Your Social Media Presence During Divorce

Here are some tips to help you manage your social media presence wisely if you’re going through a divorce:

• Avoid posting details about your separation, divorce, or custody matters publicly. This includes venting, disparaging your ex, or revealing sensitive information.
• Consider setting accounts to private so only confirmed friends can see posts. Limit friends/followers to only those you personally know.
• Be careful about what you share and who you connect with. Romantic connections and bad-mouthing your ex can backfire.
• Don’t post anything contradictory about your finances, employment, health, abilities as a parent, or other relevant factors.
• Review and tighten up your privacy settings. Remove old posts and photos that could be taken out of context.
• Never assume social media posts or messages are totally private. Even deleted content can sometimes be recovered.

In some cases, deleting your accounts altogether during a divorce may be wise. But be aware this could also look like you’re trying to hide something. Consulting with an attorney can help you make the best decisions about managing your social media presence.

Using Social Media Evidence to Your Advantage

While social media can work against you in a divorce, it can also provide helpful evidence to support your side. Your attorney may be able to obtain posts, photos, messages, or other online activity that shows:

• Infidelity or inappropriate behavior by your spouse
• False allegations of domestic violence or child abuse
• Contradictory statements about your spouse’s finances or employment
• Your spouse violating court orders regarding children or assets
• Details about your spouse’s true standard of living if they claim inability to pay support

By working closely with your divorce lawyer and carefully reviewing your own accounts, you may be able to use social media to your advantage. Just make sure to follow your attorney’s advice about legally obtaining and presenting such evidence.

Social Media and Child Custody

Social media can also play a role in child custody determinations during divorce. Photos, posts, messages, and other online activity can potentially demonstrate:

• A parent’s drug or alcohol abuse
• Dangerous conditions in a parent’s home
• A parent leaving children unattended or in unsafe situations
• Lack of proper supervision or nurturing by a parent
• A parent violating court orders regarding children

Even if not used directly as evidence, social media can reveal details about a parent’s judgment, lifestyle, relationships, and other factors relevant to custody. Parents who bad-mouth each other online or vent about their kids may be viewed as immature and irresponsible. Basically, online activity that contradicts a parent’s custody claims or casts them in a negative light can be very damaging.

It’s wise for divorcing parents to be extra careful about social media use where their children are concerned. Venting or posting in anger can be particularly risky. Consult your attorney about how to responsibly manage your online presence when child custody is involved.