Written by Jonathan Breeden
Social media use is more prevalent than ever, with people sharing updates about their lives at the click of a button.
Whether it’s a post about daily activities or a reaction to a personal situation, social media’s reach and permanence can make it risky for anyone going through a divorce.
What you post, share, or even react to online can be used against you in court. Facebook posts, Instagram pictures, and tweets can provide evidence of your behavior, assets, or even your parenting skills, which can impact your divorce or child custody case.
It’s crucial to understand the potential consequences of social media activity and how to protect yourself during this sensitive time.
Your social media accounts may seem private, but they can become public evidence if your spouse’s attorney gains access during the divorce.
In North Carolina, courts can use social media posts as evidence if they are deemed authentic.
Pictures, posts, and even interactions can paint a picture of your lifestyle, your emotions, and how you are handling the separation.
All of this can be used to sway a judge’s opinion in your divorce case, particularly when it comes to child custody or asset division.
While it may be tempting to share your thoughts and emotions online, certain types of posts can be damaging to your case. Here are some specific examples of posts you should avoid:
Posting photos or status updates that involve alcohol, drugs, or reckless behavior can reflect poorly on your character, especially in a custody battle.
Even casual drinking may be portrayed as substance abuse by your spouse’s attorney.
Photos or videos of inappropriate behavior, such as partying or engaging in risky activities, can be used to argue that you are unfit to care for your children or are not handling the divorce well.
Posting pictures of expensive purchases, such as a new car or a lavish vacation, can lead to questions about undisclosed assets.
If these items were not reported in your divorce filings, your spouse’s attorney may claim that you are hiding assets.
Rants about your spouse, whether on social media or in private messages, can harm your case. These posts can be used to show animosity or unwillingness to cooperate, which may influence decisions about child custody and property division.
Social media can also provide insight into your spouse’s actions and intentions during the divorce.
If you suspect your spouse is hiding assets or not complying with court orders, their social media activity may offer clues.
Photos, status updates, and even tagged locations can reveal behaviors or possessions that contradict what they’ve reported to the court.
If you come across anything suspicious on your spouse’s social media, take screenshots or save the posts.
These can serve as evidence in your divorce case, especially if you suspect your spouse is misrepresenting their financial situation or parenting capabilities.
If you are unable to view your spouse’s social media accounts due to privacy settings, your attorney can request access during the discovery phase of the divorce.
In some cases, your spouse may be questioned about their social media activity in a deposition.
When going through a divorce, it’s best to be cautious with your social media presence. Here are some tips to help protect yourself:
The best way to avoid potential pitfalls is to stay offline during your divorce. By not posting, you eliminate the risk of anything you share being used against you.
If you do need to stay active on social media, make sure to set your accounts to the highest privacy settings. Keep in mind, however, that even with strict privacy settings, your posts could still be shared or discovered.
Do not engage with your spouse on social media, even if they post inflammatory or false information about you.
Responding can escalate tensions and may be used to portray you negatively in court.
Navigating social media during a divorce is complex, but a knowledgeable divorce attorney can guide you through the process and help minimize the risks.
An attorney can advise you on what types of posts to avoid, how to manage your online presence, and how to use social media in a way that won’t jeopardize your case.
Your attorney will help you understand what content might be damaging to your case, ensuring you don’t unknowingly hurt your chances in court.
A skilled lawyer can help you manage your reputation online and in court, preventing your social media from becoming a liability in your case.
If your spouse has been careless with their social media activity, your attorney can use this as evidence to strengthen your case.
They’ll know the best legal channels to pursue to uncover and present this information effectively.
The key to successfully navigating social media during a divorce is to be cautious and strategic. Always remember that once something is posted online, it can be used in court, even if you delete it.
To protect yourself and your family, limit your online activity and seek legal guidance.
The experienced family law attorneys at Breeden Law Firm understand the complexities of divorce in the digital age.
We can help you develop a strategy that protects your rights and guides you through the legal process. Contact us at (919) 661-4970 to learn more about how we can help with your divorce case.