Should I Post About My Divorce Case to Social Media?

Posted in uncategorized on October 16, 2020

While it is normal to turn to social media to complain, vent and find solidarity during a divorce case, posting anything during an ongoing case could work against you. The courts can consider anything you post as evidence against you during your divorce. This includes photographs, status updates or tweets, comments, location tags, and even private messages. The best thing you can do for your divorce case is not to post anything at all.

Common Social Media Mistakes During a Divorce

Even the most careful user may not be able to avoid all the potential traps and pitfalls social media can present during a divorce case. An attorney will have the ability to turn almost anything you post against you for his or her own purposes. Staying off of social media entirely is the best way to preserve your rights. If you wish to continue posting during an ongoing divorce case, however, at least avoid these common mistakes.

  • Complaining about your divorce. Taking to social media to complain about your ex or the divorce process could come back to haunt you. Badmouthing or harassing your ex on social media can make you look aggressive, unstable or like an unreliable witness during your divorce case. This could make a judge less likely to side in your favor.
  • Posting photos of a new significant other or changing your relationship status. While moving on during a divorce is okay, changing your relationship status or posting photos with your new significant other could hurt your case. Your ex could use it as leverage during a child custody battle to claim that you are introducing new people to the kids too quickly. Posting other incriminating photos, such as party pictures, could also hurt your custody case.
  • Posting photos of new purchases. Showing off new purchases or lavish vacations during an ongoing divorce case could make it look as though you are trying to decrease the amount you have to list on your financial statements for child support or alimony purposes. This could present challenges if you are trying to negotiate with your ex-spouse or make a plea to a judge about how much you deserve in payments after the divorce.

Navigating social media during a divorce case is a minefield of potential mistakes and mishaps that could significantly affect your divorce. Rather than trying to sidestep any potential negative ramifications of posting online, stay off of social media altogether until the courts have finalized your divorce. Otherwise, your ex-spouse and his or her lawyer could use anything you post or say on social media against you.

How Might a Lawyer Use Social Media Against You?

Social media sites such as Facebook, Instagram, Twitter and Snapchat are public enterprises. Anything you post to a social media account, regardless of your privacy settings, becomes a part of public record. During a divorce case or another type of legal matter, what you put on your social media accounts can become evidence. Your ex-spouse’s attorney can issue a subpoena demanding that you turn over access to your social media accounts. The lawyer can also hire a private investigator to access your information without your permission.

After investigating your social media activity, your ex-spouse’s divorce lawyer can twist what you have posted to make you appear like an irresponsible parent, a danger to your kids, someone who is hiding assets or something else that could hurt your divorce case. What seems like a harmless complaint or social media post at the time could ultimately injure your ability to receive custody, child support or alimony. You could lose control over the outcome of your case.

The Bottom Line: Stay Off of Social Media During an Ongoing Case

The bottom line is no, you should not post about your divorce on social media during an ongoing case. What you post online can potentially be used against you. A divorce lawyer will have the experience to twist anything you post into a reason for the judge to rule in your ex’s favor. The best way to protect yourself before the finalization of your divorce is to stay off of social media sites entirely.

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