Communicating on social media is a regular part of many people’s daily lives, and when you’re going through a divorce, it can feel natural to share what you’re going through with friends and family on your favorite platforms. However, incautious social media posts can inflame tensions, and social media posts can be used as evidence, which can be weaponized against you in court.
Your online activity may reveal details of your personal life that could impact decisions on property division, spousal support, child support, and child custody. One example of where social media may impact court decisions could be court orders issued when co-parents disagree with a child’s social media use.
Even if you take care not to overshare, it is not always easy to anticipate how a seemingly innocent post can be construed or what tiny details can be pulled out to create an unflattering picture. In the digital age, anything shared online can become permanent. During a divorce, it’s crucial to remember that your words and actions on social media can have lasting consequences in the courtroom and beyond. Understanding best practices for social media while you’re going through a divorce can help protect your interests and your privacy.
- Social Media Tips for Divorce Cases
- Online Privacy During a Divorce Case
- Protecting Your Case on Social Media
- Frequently Asked Questions
Need guidance in order to avoid social media pitfalls in your divorce?
Social Media Tips for Divorce Cases
It is increasingly common for opposing sides in divorce cases to scour social media posts on platforms like Facebook, Instagram, X (formerly Twitter), and more for information that supports their position on issues such as custody and support. The safest thing to do if you are going through a divorce is to avoid posting at all. A post you didn’t make can’t be used against you.
Realistically, that may not be a practical goal. If you do decide to use social media during your divorce, you should proceed with caution, viewing anything you post through the lens of how it might be interpreted in court. At a minimum, this includes:
- Avoiding negative comments: Do not criticize your ex-spouse, your children, their family, or their friends online. This can be used to portray you as combative or hostile and lower the chances for an amicable settlement.
- Not venting or oversharing: Airing frustrations online can increase the tension in an already difficult situation, while oversharing can unnecessarily reveal details of your life that could be portrayed negatively.
- Not discussing your case online: Do not discuss your legal strategy or position, and do not criticize your spouse’s lawyer, any evaluators or experts, or the judge in your case.
- Not making your purchases public: This goes beyond not posting pictures of expensive purchases or luxury vacations. For example, if your Venmo settings are on “public” (the default setting), anybody can see details of your transactions.
- Protecting your children’s privacy: Consider carefully how any information you post about your children could affect their well-being or reflect on your parenting and err on the side of revealing less.
Online Privacy During a Divorce Case
To prevent harm from social media during your divorce, it’s also essential to lock down who has access to your accounts and can view the content you post. Change the passwords to your accounts and consider enabling two-factor authentication (if available) to prevent unauthorized access by your ex-spouse. Review and reset your privacy settings to the highest level to ensure that only trusted family members and friends are able to see your information and posts, and you can’t be tagged in posts or photos without your knowledge. You may also need to carefully review lists of followers and friends, as mutual connections may be a conduit of information to your ex about your online activity. Ask your family and friends not to tag you in posts or to post about your divorce themselves.After you have done all that, you should still not assume that anything you post online is private.
Deleting an online profile or posts can also be a mistake. The court may decide that such actions are destruction of evidence, and the information may still be recoverable through digital forensics. If you’re worried that something that is already posted to your social media may be used against you, discuss it with your family law attorney before doing anything.
Protecting Your Case on Social Media
What you post on social media can have a profound effect on the outcome of your divorce. Therefore, how (or whether) you choose to use social media while you are getting divorced should be all about protecting your long-term interests. If you have any doubt whatsoever about how a picture, comment, or anecdote could be construed in light of your divorce, don’t post it. Anything you post should be positive and truthful, as falsehoods could be used to attack your credibility in court. Proceeding with discretion and the benefit of legal advice specific to your situation is the best way to prevent unintended harm and safeguard your emotional well-being.
Experienced Family Law Attorneys in Silicon Valley
Social media can be a double-edged sword during a divorce. Using it thoughtfully—or minimizing its use altogether—can help protect your interests and foster a more amicable resolution. The family law experts at Hoover Krepelka can provide guidance to help you avoid social media pitfalls in your divorce and skilled representation to resolve your case as advantageously as possible. To schedule your consultation, fill out the form below today.
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FAQs
What should I avoid posting on social media during a divorce?
Avoid posting anything that could be used against you, such as negative comments about your spouse, financial details, or personal information that might affect custody or asset division.
Can social media posts affect the outcome of a divorce?
Yes, social media posts can impact the outcome of a divorce by providing evidence that may influence decisions related to custody, asset division, or support.
How can I protect my privacy online during a divorce?
To protect your privacy, consider tightening your social media privacy settings, refraining from posting anything personal, and avoiding sharing information that could be used against you in court.
