Social Media & Divorce

Social Media Can Impact Your Divorce

When going through a divorce, it's important to remember that anything you post on social media can be used against you in court. We all know how easy it is to get carried away online—sharing our opinions, airing our grievances, and posting about all the things we're doing and feeling—but it's important to remain vigilant when engaging in social media during your divorce proceedings. In this blog, we explore how your posts on social media can affect your divorce case and what you need to do to protect yourself.

Ways Social Media Posts Can Be Used in a Divorce Case

Social media posts and comments (from Facebook, Instagram, Tinder, Twitter, Twitch, YouTube, and other online platforms) can be used:

  • as evidence of adultery
  • as proof of financial assets
  • to gain access to information about your whereabouts or activities
  • as proof that someone is engaged in questionable activity, such as drug use or gambling
  • to provide insight into a spouse's mental state and emotional well-being.
  • to show lavish spending patterns or other abuses of funds.
  • to show a pattern of neglect towards the children

Social Media Best Practices During Divorce

Here are a few tips concerning how social media should (and shouldn't) be used during your divorce: 

  1. Consider avoiding social media during divorce proceedings. To avoid posting anything that can be used as evidence, you may consider temporarily deactivating your account or staying offline. It is important to note that you should not delete your social media accounts or certain posts that you believe are problematic. Deleted accounts and data can be recovered, and you do not want to give the appearance that you are trying to hide certain evidence. If you have posts that you believe can be used against you, inform your attorney.
  2. Avoid posting anything that could be used as ammunition against you during court proceedings. If you remain active on social media, you should avoid posting the following things during your divorce: case details, location details, private information, financial information, new relationships, or personal information (i.e. your mental or physical health details).
  3. If possible, adjust your settings to make sure information is private and not visible to the public. While your private posts may be subpoenaed and can be screenshotted and shared, you should still consider changing your privacy settings. Also, review who is in certain group chats and included in your close friends’ stories.
  4. Refrain from using social media to vent or lash out at your soon-to-be ex-spouse. Child custody determinations can be affected (as well as other aspects of your case) if you are believed to be harassing or disparaging the other party online. You should not complain about or lash out at the other party and should advise friends and family to avoid doing the same.
  5. Seek legal counsel if there are concerns that your spouse might be manipulating information on social media. If you notice the other party is lashing out at you or falsifying information online, you should discuss that with your attorney. They can investigate and help you determine the best next steps.

Trusted Divorce Attorneys

With over 45 years of collective experience, Kallen Law Firm, LLC is known for providing our clients with compassionate legal counsel. If you are considering divorce or have recently been served, our attorneys are here and prepared to help you.

Call (314) 441-7793 or reach out online today to discuss your case with a member of our team and learn more about our divorce services.