In today’s digital world, most people share their lives on social media without a second thought. Photos, posts and comments can feel fleeting and casual as if you were conversing in person.
However, during a divorce, social media can be anything but harmless. What you post, along with what others post about you, can impact the outcome of your case.
Social media as evidence
Many people feel that social media is irrelevant to legal proceedings, especially if they keep their accounts private. However, courts often allow social media content to be used as evidence during divorce proceedings. And deleting something doesn’t always help. Posts or messages may have already been screenshot, and deleted content can be discoverable.
Making comments that contradict sworn statements in court can damage credibility. Expensive vacations and luxury items can raise questions about financial disclosures or hardship claims.
Social media can be particularly damaging when child custody is at stake. Judges focus on the child’s best interests. Photos and posts can be used to argue that a parent uses poor judgment or can’t provide a stable environment. Even remarks that seem innocent, such as memes about parenting stress, may be used as evidence that you are too overwhelmed to handle the responsibility of raising a child or that you won’t prioritize their needs.
Divorce is an emotional process, and social media is an easy outlet to vent your frustration. But complaining about your spouse, your lawyer, the judge or the legal process can cause harm by escalating conflict, undermining settlement negotiations and calling into question your maturity and discretion.
Use social media wisely if you don’t want to give it up
If you can’t take a complete break from social media during a divorce – maybe because of professional or other obligations – you can be more savvy with your online activity by doing things like the following:
- Avoid discussing your divorce, finances or parenting online.
- Assume everything you share will be read aloud in court.
- Ask friends and family not to reference or tag you.
A careful approach to social media can protect your interests and keep your divorce focused on resolution rather than unnecessary conflict.