Posts Tagged ‘social media and divorce’

Can My Social Media Activity Be Used Against Me During Divorce?

Wednesday, May 22nd, 2019

Internet privacy is an ever-growing issue in 2019. Far too often, someone’s “private social media account”, specifically what they post on it, ends up costing them everything in court. For example, a photo of a spouse partying with a drink in their hand after they told the judge that they would stop drinking, in the hands of the opposing party’s attorney, can be devastating to your case. It makes you seem less credible with the court, and can even be an influential factor in a custody battle.

The wisest decision would be to remove oneself from social media altogether, or at the very least use it infrequently. What you post on the internet is admissible as evidence, and with that in mind, why put any evidence online at all?

Attorneys are often scouring the web to monitor online activity, and social media sites like Facebook and Twitter, which both utilize photos and captions, and are prime sources for potentially damaging content. Wild behavior, whether in writing or photographs, can be used to support an accusation that this spouse is an unfit parent, or that their “work trips” were more like “vacations”, and that they used marital funds to pay for it. These are all real-world examples that happen far more often than you may think.

However, this means that in a backward way, social media can be useful to you in your divorce – if your spouse is the one who posts something that damages their chances in court.

When it comes to using and posting on social media common sense and good judgment should be exercised, but even more so during the divorce process, when you will already be scrutinized while trying to show your best side in front of a judge. Alternatively, you can simply disable the account until after the divorce is over since you can’t post if you don’t have an account.

How Social Media Can Affect Your Divorce – 5 Do’s and Don’ts

Thursday, February 4th, 2016

Social media has forever changed every single aspect of our lives, and that extends well into divorce proceedings. Posts on social media platforms like Facebook and Twitter, have been used as evidence and deciding factors in trials, which in some situations have ruined many spouses’ chance of achieving positive settlements during divorce.

With that being said, here are 5 do’s and don’ts with regard to social media, and your divorce.


  1. Censor yourself! Pictures, videos, posts and such are routinely brought into court proceedings. Don’t trust yourself, have a friend serve as your “guardian” with regard to your posts, sometimes your decision making skills aren’t as good as you think.
  2. Have your friends and family help out as your “eyes and ears”. Your spouse may block you or “unfriend” you on social media, at which point you can’t really see what they are doing or posting. Asking (not demanding) your friends to keep an eye on your soon-to-be ex-spouse is a good way to have a way of monitoring them without having the actual ability to. Of course, not everyone will be comfortable doing this, especially mutual friends between you and your spouse. In fact, you might be better off not asking them at all, because they might tell your spouse you asked, and that just won’t look good at
  3. Depending on the circumstances, you might just be better off removing your spouse on your social media account. If you can’t control yourself from contacting them, or you’re worried that you cannot control what you post, deleting your spouse and any common friends who will likely favor on your spouse would be a wise move.
  4. Change your relationship status as soon as you are sure about the separation. It will help you begin the long process and for people around you to be aware of that you are not only going through a rough time but also to be not mistakenly thought of being still together.
  5. If you feel like its right, you should temporarily disable your social media. Deactivating your account will prevent you from posting anything that will negatively affect your standing during divorce trials.


  1. Don’t post a picture or write a status about you making a big expenditure. This will kill any motion to reduce payments such as child support and alimony before you even file for either. You can’t state that you can’t afford to pay them when you are caught buying expensive things like cars or spending on friends, both old and new.
  2. Don’t write about trips or dates or anything you wouldn’t want your kids to know, because your spouse will most certainly make sure they see it. Don’t sell yourself as sleazy on social media, and certainly don’t if you had family-related obligation that you were supposed to attend to. It simply isn’t worth it – a few measly “likes” in exchange for looking terrible in the eyes of the court.
  3. No pictures of you drinking! How can you prove to the court that you are a responsible adult if you are seen partying like a teenager? Yes, adults drink, but it’s usually low-key and not broadcasted. Again, it just isn’t worth it. If you are fighting for child custody, one picture demonstrating you as a “drunk parent” may ruin your chance.
  4. Generally, just watch what you write on social media. What you may find to be a funny joke, the court might deem as a reflection of your character. Moreover, don’t post negative things about your spouse. It shows lack of self-control, and no one likes a troll.
  5. Don’t start messaging mutual friends and spreading rumors about your spouse, and especially don’t share private things with your spouse’s friends. They will most likely just tell your soon-to-be ex what you did, and if they get a hold of that conversation, you are automatically the preverbal “bad guy” in the eyes of the court. As much as you may want to vent, social media certainly isn’t the place, not where everything is permanent. Seek a close friend or a therapist for that.

Are My Social Media Posts Admissible During The Divorce Proceedings?

Thursday, December 17th, 2015

Social media has efficiently integrated itself permanently into our everyday lives. Utilizing it is inevitable for some of us, as our whole lives and careers revolve around social media, and all the connections we have through it. However, it can often serve as a severe hindrance in divorce cases, and have a serious impact on multiple settlement proceedings.

One example is any connections you may have that are “mutual” friends with your spouse. Often, parties will delete each other on social media, in an attempt to protect themselves from having anything they post used against them in court. However, you can utilize these mutual friends to your advantage, or disadvantage depending on who you are, to act, for lack of a better word, spy. For instance, your spouse may claim they aren’t able to pay for any type of support, yet they post pictures of themselves, spending lavishly on expensive vacations. This is a good way to also show that your spouse is hiding assets from you and the court.

In addition to social media, texts, emails and other basic communication methods that are particularly in writing are other good sources of harmful information that can easily be subpoenaed and meticulously inspected for anything that can help during your divorce trial. For instance, there might be inclinations of a raise from their job, or, again, an expensive leisure trip. All of this can be very useful, or injurious, sources of “evidence” that your spouse is not being completely honest.

Remember, social media posts can affect the outcome of your divorce. Therefore, it is best, in the long run, to stay off social media, such as twitter, Facebook, LinkedIn, or at the very least limit yourself and exercise serious mindfulness when you are posting anything. At the same time, be very vigilant with regard to what your spouse posts or writes, as it can serve you well in court.