Social Media and Divorce: What You Post Can Be Used Against You
In today's connected world, social media activity is increasingly used as evidence in divorce and custody cases. Here is what you need to know about protecting yourself online.
Courts Are Paying Attention
Judges and opposing attorneys routinely review social media during divorce and custody proceedings. Seemingly innocent posts — photos from a vacation, a comment about your income, or a status update about your living situation — can all become evidence.
Common Ways Social Media Hurts Cases
Posts that contradict financial disclosures (such as posting about a luxury purchase while claiming hardship), photos involving alcohol or inappropriate behavior, negative posts about the other parent, and location check-ins can all be used against you.
Best Practices During Divorce or Custody Proceedings
The safest strategy is to stay off social media entirely during proceedings. If that is not realistic, avoid posting anything about your relationship, finances, dating life, or your children. Do not discuss the case online under any circumstances.
Do Not Delete Old Posts Without Advice
Deleting evidence — even from your own social media — can constitute spoliation of evidence, which is a serious legal issue. Before removing anything, consult with your attorney about what is permissible.
