How Social Media Can Affect Your Divorce

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Man arguing with woman over social media posts.
Social media can affect your divorce in more ways than one.

You may have already figured out (even if it was the hard way) that there are some posts you shouldn’t make while you are going through a divorce. There are many ways that social media can affect your divorce.

The information you publish on your social media accounts online can be used as evidence in divorce cases in a family law court. This applies even if you have deleted your social media posts or have your privacy settings adjusted to only show your profile to your friends. One of your online friends can take screenshots and send them to others over phone or email.

Your spouse’s attorney may be scrutinizing your social media posts for any information they can use against you.

As much as it might be nice to have your friends rally in your corner, it makes sense not to talk about your fights and paperwork battles on social media. But there are still many more topics you should avoid posting about while you and your soon to be ex are negotiating your divorce.

These are some of the other subjects your social media posts shouldn’t touch.

Time Spent In A New Relationship

Even if your ex knows about it, it is not wise to post pictures on social media sites about a new relationship while you are still negotiating your divorce. Not only is it insensitive, but this information could make negotiations more complicated in a few ways, including:

  • Violating a prenuptial agreement
  • Reducing the amount of spousal support you can receive
  • A hurt ex is going to be more challenging to negotiate with
  • Making the divorce more difficult for your children

Divorce proceedings are generally amicable if spouses agree on the key issues such as spousal support and child custody. However, if you use social media in a way that could be hurtful to your spouse, your spouse might be furious enough to move to court litigation instead of going for a peaceful settlement.

Big Purchases

Whether you just bought a vehicle or you are going on a nice vacation, this is not the best time to post about it on social media. Posting pictures about even one large purchase on social media can have a significant effect on spousal and child support negotiations and asset division.

If you’re asking for financial support from your spouse for yourself and your children, but have Facebook pictures showing a recent expensive night out at a restaurant, the evidence could be used against you and affect your divorce case.

Even if your ex knew you were saving up for a big purchase, the best case is that you end up with the same agreement, but with more arguing between here and there. More likely is that your social media posts will impact what you get or what you will be paying after all the dust has settled.

Overly Emotional Or Threatening Posts

You may want to think twice before writing your thoughts of revenge on your spouse online. Avoid posting any thoughts of self-harm and drinking to cope with the emotional pain of the end of your marriage.

If you are fighting for custody of your children, opposing divorce attorneys can use the posts to suggest that you have mental health issues and poor self-control.

An opposing attorney could also use photos of you partying, drinking heavily or using drugs against you in a family law court.

Social Media Is Always Public

Anything you post on social media is assumed to be information you are willing to make public. It doesn’t matter how many security settings you have in place. Most courts agree that the moment you hit “post,” you accept that the information will be public knowledge.

Even if you have extensive filters and security settings in place, or if you take down the post, it is still considered public. Once you publish it, anyone can take a screenshot and send it to someone you did not intend to have the information.

When in doubt, have a consultation with a qualified family law attorney. They can provide you with specific legal advice on your posts and how your social media can affect your divorce case.

What Should You Not Post On Social Media For Divorce?

You may think about deactivating your social media accounts temporarily to minimize the impact of social media on your case. If you must keep your accounts, do not publish the following:

  • Big purchases
  • New relationships
  • Threats
  • Content that suggests poor self-control and reckless behavior
  • Opinions on your divorce case and your attorney
  • Opinions about your spouse or the divorce

Avoid having anything on the above points in writing including text messaging or email messages. Anything written down can be saved and used against you by opposing divorce attorneys.

Concerned about how social media can affect your divorce case? Let the award-winning Family Law experts at Sean Lynch + Associates help you prepare your legal case and provide legal advice.

Contact us today for a no-cost case review.

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