In today’s day and age, when most people get into a relationship, they aren’t shouting it from the rooftops in a literal sense, but they ARE tweeting about it, changing their Facebook status, or updating their bio to “taken.” They want everyone to know they’re in love and who they’re in love with. Nothing wrong with that! But what happens when the relationship ends?
Breaking up (and ending a marriage, especially) isn’t just about managing your emotions, but your online presence as well.
Social media can significantly impact how a divorce plays out. Posts, photos, videos, comments, and other social media engagement can be used against you in divorce proceedings, possibly affecting different aspects of divorce, such as asset and debt division, alimony, child custody, child support, and more.
It’s important to control what you like, say, or do online when you’re navigating a legal process as personal and delicate as divorce. Anything, seriously, any little thing, can come back to bite you in a way you may not have thought possible! If you don’t put social media on the backburner, here’s how it can be against your best interests.
How Social Media Can Affect Divorce Proceedings
The types of social media evidence that are admissible include any post that you made, liked, or shared, which includes photos and video. It may also be an analysis of your friends list, or even what types of groups you’re a part of online. That’s why what you do (and don’t do) on each platform is so important. You also shouldn’t make your social media appear to be something it’s not. The court sees right through and frowns upon over-the-top posting about your children and exaggerated parental involvement.
Here are some scenarios in which social media could be used against you:
- You are trying to obtain spousal support (alimony). You’ve claimed you can’t support yourself on your own, but you’re posting about lavish purchases or vacations online. This could hurt your chances of getting any financial support at all.
- You want full custody of your children, but you’re talking poorly about their other parent online. This could hurt your chances of full, or even shared custody.
- You allege that your spouse is an unfit parent, but your social media portrays the opposite, showing positive interactions and family activity. This could make it seem as though you aren’t telling the truth and strengthen your spouse’s claims for custody.
Emotional Impact
Social media can also have emotional implications on your life when you’re going through a divorce. For example, keeping tabs on your soon-to-be ex-spouse is not only unhealthy, but can be hurtful, especially if they’re seeing someone new. Situations like these can stir up new emotions like anger or jealousy, in addition to the grief you’re already feeling.
Additionally, sharing personal details on a public platform can warrant unwanted opinions and reactions from friends and family that intensify the stress you’re under.
Unfortunately, when your emotions are heightened, you aren’t always thinking with your head, but with your heart instead, which can cause you to act in a way that jeopardizes your case.
Find Other Ways to Cope
It’s important to prioritize self-care and surround yourself with a good support system to turn to rather than your social accounts. Unfortunately, not everyone has friends or family they can rely on when something as big as divorce occurs. If that’s the case, you may want to consider pursuing mental health therapy with a licensed professional who can help you find coping mechanisms and other strategies for working through this difficult transition.
Best Practices for Social Media Use During Divorce
What You Shouldn’t Do
- Create negative posts or comments about your ex.
- Like or engage in content that could hurt your case.
- Share private information about your ex, your divorce case, or sometimes even your children during the divorce process.
What You Should Do
- Reevaluate your privacy settings. Ensure that you have maximum privacy on all social accounts, or even consider creating new ones with the same settings.
- Monitor what others tag you in. Even if you weren’t the one who made a post originally, being tagged in unsavory photos or videos can harm your case as well.
Legal Advice and Considerations
Like everything else in divorce, social media is something to consult with your attorney about. They can help you understand the potential risks and consequences of your online behavior.
In addition, an attorney can explain the importance of documenting and preserving evidence. It’s possible that your spouse isn’t aware of the ways in which social media can affect them in divorce. If they are posting private information or saying hateful things about you online, let them, but get those receipts! You may gather information and proof from their social accounts that work in your favor in the divorce.
However, for social media to be used as evidence, it has to be admissible. This means it’s necessary to prove the circumstances under which the evidence was acquired, the digital chain of custody, and how such evidence was gathered. If evidence is obtained illegally, it won’t be admissible in court.
How New Leaf Family Can Help You
If you and your spouse have decided to get divorced, you may want to go ahead and hit unfriend too, and consider how your actions on social media could affect the outcome of your case. Being cautious about your digital footprint is the best way to protect your interests in divorce. At New Leaf Family, we can help you do that.
Unlike other divorce firms, we don’t want to make divorce messier than it needs to be for the sake of dragging things out and making more money. We want to help you gain clarity on what you want your life to look like post-divorce so that we can create a streamlined strategy for getting you there.
Call New Leaf Family today to schedule a free initial case evaluation. Our compassionate divorce attorneys are ready to help you close this chapter of your life and move forward with confidence!
