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  • 3 min
  • 10/25/2021

Social Media & Divorce

by Christine Smith

Social media has become a place for people to regularly share what is going on in their lives. Happy moments such as birthdays, graduations, and anniversaries are great to share on Facebook, Instagram, or Twitter. This is also a great place to post requests for assistance for fundraising or ask for assistance and spread information. While there are many positives to posting and sharing on social media, there is a downside. Posting details about your divorce or criticizing your ex for example, is not just an overshare but could create trouble for you. 

How Can Social Media Use Affect My Divorce?

Not convinced about the potential negative impact social media can have on your divorce? Check out these stats:

  • 81% of divorce lawyers used information found on social networks as evidence in court
  • 66% of divorce lawyers use Facebook as a primary source for evidence
  • 1/3 of divorce actions begin due to online affairs

Social media activity is also consistently used as evidence in cases of infidelity or financial misconduct.

Top Bad Social Media Habits to Avoid During Your Divorce

Disparaging Your Spouse Ex-Spouse Online

You might think that complaining about your ex on Facebook to be cathartic or a way to garner justification for your feelings, but the truth is it have disastrous results. The fallout for criticizing your ex online will be even worse if they are false, threatening, or critical of their parenting. Your best bet is to strictly avoid making any comments about your ex or soon-to-be-ex online. 

Deleting Activity You Think Could Be Used Against You In Court

Most people think that as long as they delete a post from social media, it’s gone forever. However, not only is this not true since computer experts can often find deleted posts, but someone could have already taken a screenshot of your post. With this in mind, deleting incriminating posts can be held against you as destruction of evidence or inference of guilt.

Posting Photographs or Talking About Drugs and/or Alcohol Use

Drug or alcohol use can be used against you as proof of you being an unfit parent in any circumstance. Even a casual photo of drinking a beer at a barbeque can be taken out of context and used against you, so your best bet is not refrain from posting such images or allowing someone to post such an image of you. 

Discussing New Relationships

Even if you’re in a new relationship that began after your marriage ended refrain from posting about it until your divorce is final. Photos or posts about your new love interest can be used as proof of an affair.

Discussing Financial Information or Major Purchases

Evidence of expensive purchases or receiving a large sum of cash can impact the calculation of child support or alimony the court will determine you will pay or receive. Refraining from discussing anything about money on social media is your best bet.

Sharing Your Location Information

While it may be popular to check-in online at a hot spot, or post photos with tagged locations, sharing this location information can be damaging. For instance, the amount of time spent at bars, restaurants, racetracks, or casinos can be used against you. This is especially true during custody disputes.

The Best Way to Use Social Media During Your Divorce

If it hasn’t become apparent throughout this post, here’s the bottom line: the best way to use social media during a divorce is to not use it at all.

Even posts or photos you think might be innocent can have serious ramifications that are not worth it in the long run. Most social media platforms allow users to temporarily pause their account which is our recommendation. During your divorce, it’s best to play it safe and avoid all social media use until your divorce is final.

**Disclaimer: The content used in the article is not to be used as legal advice and is for illustration and general informational purposes only. If you have questions about your particular situation, please contact us to schedule a consultation with one of our experienced attorneys.

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