Social Media’s Presence In Your Divorce Case

When you have complex emotions, it is normal to want to express or talk through them. Social media is a platform and a microphone that allows you to reach a large audience quickly. By reading the title, you most likely thought that you were aware that you shouldn’t say dismissive things on social media or make accusations. However, there are significantly more considerations to be mindful of. 


What You Should Know about Social Media 

One of the biggest mistakes you can make about social media stems from the belief that your account is private. Can your former spouse access your account if you haven’t “friended” them? No, but that doesn’t mean someone you know won’t screenshot something you posted and send it to your spouse. Typically, you and your spouse have the same circle of friends. Here’s another essential thing to remember: Investigators can (and have) impersonated people to get access to your accounts. 


Don’t Give Away Evidence

You may be under scrutiny during your divorce case, especially if you are locked into a custody dispute. Don’t send a text message or an email that you wouldn’t want showing up in court because they could. These forms of evidence could be admitted as such because they are admissions by you. You could also be cross-examined based on what you post or send. 

Just because you post something uplifting or positive doesn’t mean it can’t be used negatively. For instance, imagine reconnecting with someone and starting a relationship during your separation. You post a picture about how happy you are. Will the opposing side claim you were having an affair? Nothing says that they won’t. 


When you post a picture of you and your friends “celebrating” by drinking, someone may use this to claim you are an unfit parent. Words can be just as damaging as pictures. The conversations that people have on social media are infamous. Though there may be places where people have respectful dialogues about complicated subject material such as politics, that may not be the norm. Consider what an argument or an insult on social media may say about you when presented in court. Though you may have said it in the heat of the moment and may not accurately represent who you are, you may still have to answer for it. 


Lastly, if you are asking for alimony, opposing counsel may use pictures of trips or images that depict what the inside of your home looks like to demonstrate that you are better off than you are letting on. Again, these may be taken entirely out of context, but you may still have to answer for them. 


Speak with Legal Counsel about Your DivorceIt may be best to separate from social media entirely during your divorce process. Spend your time focusing on yourself, healing, and being there for your children. Contact Cate & Brough, P.A., and schedule a consultation with one of our attorneys if you want to discuss any element of this blog further.

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Cate & Brough, P.A.

At Cate & Brough, we all have personal experience with family law and family court. We know more than just what the law says about your issue – we know what you are going through.

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