Can Social Media Be Used in a Divorce Case?
Social media absolutely can be brought into your divorce case should your case go to trial. In this day and age, should anything damaging or helpful to the other side be posted to social media, it’s nearly inevitable that it will be brought into the case as evidence. Even if your social media accounts are set to private, do be aware that anything that you post on social media sites will almost always be found out and may be used against you in a divorce. This includes but is not limited to: pictures, comments, likes, check-ins, tags, or any general post published both by you or by others.
I advise my clients to think twice before posting certain things on social media during your proceedings in your divorce, as this can have really negative effects for your case and for yourself. Going through a divorce is already a stressful and emotionally charged situation for both parties involved. Therefore, these feelings can be exaggerated when a spouse is triggered by something they perceive as unfit or unfair that they see on social media. Innocent or well-intended posts such as being out at gatherings or events, drinking socially with friends, new purchases or shopping sprees, or posting a new relationship can all be spun negatively and used against you in your divorce case. For example, your spouse can assert that due to your new relationship, you are committing marital waste because you are spending community funds to fund your new relationship with your new significant other. Another possibility is that you may be ordered to pay more spousal support or child support because your social media posts show that you can afford to buy lavish gifts for yourself. For these reasons, it’s important to be very careful with how you post and what you post to social media.
In general, social media posts and updates do not bode well for your divorce and most often just make the situation worse. My suggestion is to simply take a pause from social media during the time of your divorce proceedings. The only way to make sure that nothing is to be used against you is to not post anything. By taking a pause from social media during your divorce proceedings you can avoid any unnecessary, negative repercussions towards you or your case.
If you have questions regarding divorce, martial property, child custody, or any other Family Law topic, do not hesitate to contact an experienced Family Law attorney as early in the process as possible. Our team will help to answer your questions and navigate you through what options are available. To speak with our team, contact our office at (702) 998-1188, firstname.lastname@example.org or schedule a consultation online.