Social Media And Divorce

January 28, 2021

Divorce counts as one of the most stressful events in a person’s life and can be traumatic for all involved. The divorce process itself can seem like a never-ending battle, especially if the spouses fight over custody of children or are unable to agree on how to divide the marital assets.

It is only natural to look for support from our friends, family, and community when we go through a divorce, and even more so if the divorce process proves lengthy, expensive, and acrimonious. These days, most of us use social media on a daily basis to share our thoughts, news, and activities. Those going through a divorce might turn to social media for support, or to vent about their spouse. However, social media and divorce are typically not a good mixture for both legal and personal reasons. In fact, using social media during a divorce can potentially cause a great deal of harm. Contact the dedicated and compassionate team at Johnson Law Group who can be by your side every step of the way. Contact us today for a complimentary consultation at (720) 463-4333 or text-to-chat (720) 730-4558.

Social Media Can Contribute to Divorce

According to Northcentral University, social media can be destructive to marriages in several ways:

  1. Spending too much time on social media instead of nurturing the relationship
  2. Striving for unrealistic relationship goals
  3. Presenting a chance for infidelity and starting another relationship

The use of social media can lead to jealousy, an invasion of privacy, and conflict in a marriage. Some spouses grow resentful if their other half spends hours on social media after work, while they may be left with the larger share of housework and childcare. Social media can also be used to embark on extramarital affairs.  A dissatisfied and unhappy spouse can easily find a romantic partner through a variety of social media sites.

How to Handle Social Media During a Divorce

Whether you enjoy interacting on Facebook, Twitter, Instagram, or other social media channels, there are some general tips that you might wish to heed if you are going through a divorce. It can be beneficial if you:

  • Resist the temptation to vent about your spouse or badmouth them
  • Do not discuss the divorce proceedings publicly on social media
  • Do not change your relationship status or post pictures of you dating until you are divorced
  • Do not post pictures of you partying, drinking, or spending a lot of money

It can be a good idea to wind down any interaction on social media to the bare minimum or stop using social media altogether while you are going through a divorce. If you do still want to use social media, ask yourself a few questions before posting anything, such as:

  • Is this post appropriate?
  • Would I be happy if a judge or my spouse’s attorney sees this post?
  • Am I posting this to upset and anger my spouse?
  • Would this post showcase that I do not need child support or spousal support because I am independently financially wealthy?
  • Would this post indicate in any way that I am an unfit parent or lack critical decision-making skills?
  • Could this post provide evidence to show that I have lied in any way during my divorce case?

If you have any questions or concerns regarding social media and divorce, contact the Johnson Law Group for assistance today.

Social Media Can Be Used as Evidence in a Divorce

If you believe that your “private” social media posts are indeed private, think again. Presenting social media posts as evidence is becoming increasingly popular in divorce cases. Social media posts and photographs can be used as evidence for infidelity and other transgressions. Proving a spouse’s extramarital affairs can potentially have consequences such as the cheating spouse not being able to claim alimony.

Child Support/Custody and Spousal Support Issues

While it may seem innocent to post pictures showing you having fun in your new life, such as partying or going on expensive vacations, think of the consequences this could have on your divorce case. If you are fighting for custody of your children, your spouse could use any pictures of partying, alcohol consumption, and smoking, against you. If you are fighting against having to pay alimony to your spouse, posting pictures of a new and expensive luxury car, or a vacation at a five-star resort in the tropics, will most definitely work against you.

Privacy Settings on Social Media

Remember that even if you set your posts to the private setting, and only close friends can see them, someone may show the posts to your spouse. Your spouse can then pass any evidence on to their attorney. Remember also that even if you delete something at a later time, anyone could have taken a screenshot while it was public information. Social media evidence is admissible in court and courts are able to request social media posts as evidence. This holds true even if you posted something in private or later deleted it. The only way to ensure that this information does not end up at a trial is not to post it in the first place. Additionally, if you delete posts on social media, the court could consider that this is tampering with evidence or obstructing justice. Therefore, when it comes to social media during a divorce, do not let your feelings take over and consider every post you make very carefully. Stepping away from social media entirely for the duration of your divorce case can be the best solution.

Friends and Family on Social Media

It is important to note that it may not only be your own social media posts that may come under scrutiny by attorneys and judges during a divorce case. Indeed, if your friends or family post pictures that show you engaging in risky behaviors or potentially hiding assets, this information is just as admissible in court as your own posts. Therefore, you should instruct your friends and family not to post any content involving you for the duration of the divorce proceedings. Remember that the courts can also ask for private social media exchanges as evidence, including Facebook or Instagram direct messages, and emails.

Contact an Experienced Divorce Attorney Today

There are many legal challenges in the intersection between social media and divorce, and you should consider consulting with an experienced divorce attorney as soon as possible. Your lawyer can inform you of all the steps to take in order to keep relevant social media information secure during your divorce proceedings. Additionally, your attorney can also potentially use your spouse’s social media posts to help establish a foundation for your arguments in your divorce.

Contact the Johnson Law Group for help and advice today. We can protect your legal rights and work tirelessly for your financial and parental rights in your divorce case. Call our legal team now and secure an appointment for a free consultation: (720) 463-4333, text-to-chat (720) 730-4558.

Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
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