The Role of Social Media in Modern Divorces

In today’s digital age, social media has become a significant aspect of our lives, shaping how we communicate, connect, and share. But when it comes to divorce, social media can be a double-edged sword. What you post—or don’t post—can influence your divorce proceedings, from custody arrangements to asset division. Understanding how to navigate social media wisely during this time is crucial.


How Social Media Impacts Divorce

Social media content is often admissible in court, and posts, messages, and photos can serve as evidence in divorce cases. Attorneys and investigators may review social media accounts to gather information about:

  • Financial Discrepancies: Posts about expensive purchases or lavish vacations can conflict with claims of financial hardship.
  • Parenting Issues: Content that contradicts claims of being a responsible or available parent.
  • Infidelity Evidence: Posts or photos that imply inappropriate relationships can complicate proceedings, even in no-fault states.

Social Media Dos During Divorce

1. Be Cautious About Posting
Think twice before sharing anything online. If a post could be misinterpreted or used against you, it’s best to avoid sharing it altogether.

2. Monitor Your Digital Footprint
Deleting content won’t guarantee it’s gone (screenshots exist).

3. Document Wisely
If your spouse’s posts are relevant to your case, take screenshots and share them with your attorney. Be sure to collect this information ethically and legally.

4. Communicate Thoughtfully
If you must interact with your spouse online, keep messages civil and focused on logistics, such as parenting schedules or shared responsibilities.


Social Media Don’ts During Divorce

1. Venting Online
Posting about your frustrations or personal details of the divorce can backfire. Courts may view such behavior as hostile or uncooperative.

2. Flaunting New Relationships
Posting about a new partner can create unnecessary tension and may influence decisions about alimony or custody, depending on the jurisdiction.

3. Refrain from Oversharing
Updates about your social life, spending habits, or lifestyle changes can be used to challenge your claims and credibility. 

4. Don’t Engage in Online Arguments
Heated exchanges on social media can escalate conflicts unnecessarily.

5. Avoid Impulsivity
Remember, what you post in a moment of anger or sadness can have long-term consequences.


Guidelines for Navigating Social Media During Divorce

  • Approach: Use social media sparingly and often best to avoid discussing the divorce or your ex-spouse online.
  • Consult Your Attorney: Before posting anything about your divorce that feels uncertain, check with your legal counsel.

Conclusion

Social media can be a powerful tool, but during a divorce, it requires careful management. By being intentional and cautious about your online presence, you can protect your case and maintain your integrity. Divorce is challenging enough without adding digital missteps to the mix.

If you’re navigating a divorce, consult an experienced attorney for personalized advice tailored to your situation.


DISCLAIMER
This article contains general information and general opinions from Burke Williams Law and is not intended to be a source of legal advice for any purpose. No reader of this article should act or refrain from acting on the basis of information included in this article without seeking legal advice of counsel. Burke Williams Law expressly disclaims all liability with respect to actions taken or not taken based on any content in this article.