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Social media and divorce: 3 FAQs

On Behalf of | Oct 14, 2022 | Divorce

Facebook, Twitter, Instagram…these are just a few of the platforms that have become a part of our everyday lives. We connect with family members and friends, we may even social media platforms to grow our business. It may seem natural to reach out to this online support system form comfort and affirmation when going through a divorce.

Although tempting, it is a good idea to pause and really think about your next step before you turn to social media for support during a divorce. The following frequently asked questions about social media and divorce will help you get a better understanding of how it could pose a problem and how you can use social media safely.

#1: Can I use social media during divorce?

You are not alone if you want to keep using social media while going through a divorce. There are ways to do so, but it is wise to presume that anything you put on social media could make its way to your divorce case. If it is something you want to keep private, do not put it on social media.

If you continue to use social media, it is generally best not to discuss your case online. Also, set your privacy settings to the highest available level but know that this does not mean everything remains private. Friends or other contacts on social media can share posts and even take screenshots that could make their way to your ex.

#2: Can my ex use social media posts against me during our divorce?

It is not uncommon for divorce cases that head to court to include some form of social media as evidence during the case. Over 80% of attorneys have discovered evidence on social media worth presenting in court.

Even accounts that are set to private can find their posts end up in court. As noted above, a contact on social media could share the post, potentially leading to public availability and admissibility in court.

#3: What should I do if I posted something I regret?

This is a conversation to have with your legal counsel. In some situations, removing the post may be wise. In every situation this conversation will allow your legal team to start gathering evidence to counter any claims that could be made as a result of the posting that would have a negative impact on your case.

Bonus: Monitor children’s accounts

If you have children, it is a good idea to monitor their accounts as well. Check to see what they are posting. This can provide insight into how they are handling the divorce.