By Dana McKee
Social media makes it easy for us to connect with others and share our life updates in real time – sometimes, too much. For individuals navigating painful divorce proceedings, staying mindful of oversharing on social media is all the more important.
It is very common for social media usage to impact divorce proceedings, adding another tricky layer to what is likely already a complex and emotionally challenging case. Your online behavior and digital footprint can easily be used against you to influence the outcome of your divorce, including custody, division of assets, alimony, and more.
The following article will walk you through the role social media plays in 21st century divorce cases, common social media mistakes parties make during divorces, and actions you can take online to protect yourself and your assets as your divorce proceeds.
Social Media as Evidence in the Courtroom
Everything you share on social media can be collected as evidence in your divorce – whether your accounts are public or private.
Your posts, messages, comments, photos, and more may be used by your spouse as evidence to support any accusations of negative behavior, infidelity, financial loss, or more. In other words, a short post on Facebook or a photo on Instagram could become the basis of a custody or asset allocation claim down the line.
It is critical that you be mindful of your online behavior as your divorce proceeds. Here are several common social media mistakes that could negatively impact the outcome of your case:
- Sharing details of your case: Avoid posting information about your case details, your breakup, your finances, or any other personal matter at stake in your divorce proceedings. I recommend saving these conversations for your family law attorney and keeping all conversations private and offline.
- Inflammatory posts, texts or DMs: Even if you are privately messaging someone, your words can still be used against you if the other party screenshots your messages or otherwise obtains access to your messages through formal court discovery. Using threatening language can easily be used to establish evidence of harmful or inappropriate behavior.
- Vacation posting: If you or your spouse are claiming financial insecurity as part of your case but are also posting photos from an extravagant vacation, an expensive meal, or anything similar, it could backfire. Avoid sharing content that could be used against you for alimony, child support, or a claim of dissipation of marital assets.
- New relationships: Sharing details of new relationships may impact divorce proceedings as they relate to asset allocation and child custody. Avoid posting photos or relationship status updates before consulting with your attorney.
How to Protect Yourself on Social Media During a Divorce
Luckily, you can protect yourself on social media by being mindful and taking the right steps to secure your personal information. Here are some actions you can take – or avoid – to properly manage your social media during your divorce:
- Account privacy: A good first step is to make sure your privacy settings are up to date and as secure as possible. As previously mentioned, even private information can be used as evidence, but limiting public access to your profiles is a step in the right direction.
- Consult before posting: What may seem innocuous to you, may be taken the wrong way by your spouse and their legal team. Take a moment to consider what you are posting and how your spouse may perceive it. If you’re unsure, it is best to play it safe and speak with your attorney before hitting “share.”
- Keep the peace: Avoid airing any dirty laundry online, whether by posting about your case, sending messages, engaging in arguments, or more. Keep the peace online to avoid these interactions being pulled as evidence.
- Parenting and child privacy: Be mindful about what you post online with regard to your children. Do not post any information related to custody proceedings, visitation, or any other aspect of your child’s life as it relates to your divorce. Not only might this content impact your child’s wellbeing, but it could negatively impact your case for custody.
- Friends and family: Even content posted by your friends and family can have an impact on your case if it directly involves you, your children, your financial status, or more. Speak with your loved ones and ask them to avoid posting personal details online and be sure to consistently monitor any such postings to remove unwanted tags.
Collecting Social Media Evidence
If you are in the position of collecting social media evidence against your soon to be ex-spouse, proceed with caution and with the guidance of a licensed attorney.
The use of social media in court is complex, and not all content is admissible as evidence – even if that content was originally public. Furthermore, over-surveillance of a spouse’s social media activity could potentially raise ethical and legal concerns and backfire in your case.
Your attorney understands the complex legal landscape regarding the balance of social media evidence and online privacy. If you see content online from your spouse that raises concerns for your divorce case, consult your attorney before taking any additional actions, including responding directly online.
Consulting an Attorney
If you are navigating a divorce and need support protecting your own social media or collecting social media evidence, speak to a family law attorney. Partner Dana McKee chairs the family law practice, at Brown, Goldstein & Levy, a nationally recognized firm bringing decades of passionate, effective advocacy to the fight for justice across the legal spectrum.
Dana is one of Maryland’s foremost family law attorneys who has extensive experience representing clients facing complex cases including divorce, custody and related financial issues. Her experience allows her to be sensitive to the family dynamics without compromising her ability to obtain results for her clients. Learn more about Dana’s practice here and contact us today for a consultation.