Can Social Media Posts Be Used Against Me In A Family Law Case?
Not only can social media be used against you in family court, in this day and age, it’s likely that anything found on social media that is helpful to the other side’s case will be brought to the court’s attention. You might not like my answer to this, but if you are involved in either a divorce or a custody proceeding in court, it is a good idea to take a break from social media until the legal proceedings have been finalized. It’s not a very popular position to take but it is likely the best position for you, in an attempt to avoid any negative outcomes for your divorce or custody case.
Posts to Avoid
Posts from social media, such as Facebook, Instagram, Twitter, Snapchat and even online dating sites can be and are frequently used as evidence in divorce or custody proceedings. Post that can be portrayed negatively may include:
- Pictures of you out partying every weekend with friends
- Vacation pictures
- Newly purchased items such as new cars or expensive jewelry
- Posts about different restaurants or bars that you attend
- Pictures of you smoking or drinking
- Outings with a potential new romantic interest
- Or even posts from dating sites
Potential Implications
All these, and more, can be used by the other side, to hurt your case, so it’s important for you to know and understand that all post on social media can and will likely be used by the other side in court, to undermine your position. They can use these posts to show things such as proof of your spending habits. If you’re for example stating that, you don’t have enough money to pay for child support all these posts showing your new purchases, you going out all the time and vacation pictures, will be used to show the opposite of what you’re claiming in your case. The types of people that you are associating with could also be evidence in court to show that possibly, you’re not hanging out with the right people to raise a child. The other side may try to portray, for example, that you are drinking too much on the weekends, by showing pictures of you drinking and passed out drunk or just partying too much and frequenting too many bars. It can be used negatively, to show that you won’t be a good example for a child and therefore it might impact the kind of custody that you are awarded.
Blocking/Privacy Settings
Remember, blocking your spouse or the other party is not going to be enough. Not only will other people be able to view your posts and use them against you, other people may also post things that include you that can and will likely be found by the other side. You must also be careful with what you allow your friends to post that also includes you.
If You Continue To Post
If you feel you must continue to use social media during your divorce or your custody case, which I do not advise, at least take these three tips with you:
- Change your settings to be as private as possible
- Don’t post anything that may be used against you
- Always post with the thought in mind that the judge may be looking at your posts.
If you are going through a complicated divorce or child custody battle, make sure that you enlist the aide of an experienced Family Law attorney. Experience can make all the difference in complicated family law situations. Contact our office to set up a consultation by phone or in-person. Contact us at (702) 998-1188, info@ljlawlv.com, or schedule an appointment online.
For more information and frequently asked questions regarding divorce and Family Law, check out our Family Law Blog, podcast, or Family Law TV channel on Youtube.