Many people regularly use social media to communicate with friends, keep in touch with family, and stay connected. While platforms such as Facebook, Instagram, and TikTok have become integrated into our daily lives, they are not the place to share personal or legal details about your divorce. Badmouthing your ex, complaining about the judge, or even posting photos that could be misconstrued by your spouse on social media can all provide evidence that can be used against you and harm your case. Following a few basic guidelines can help you avoid pitfalls and ensure your social media accounts do not come back to haunt you during your divorce proceedings.
The Do’s of Social Media During a Divorce
Social media can be a treasure trove of evidence for a spouse if you’re going through a contentious divorce. Anything you post, comments you make, locations you check into, or posts you’re tagged in can provide a spouse with evidence. While you may not want to give up social media entirely, it’s best to avoid using it during the divorce process.
However, if you are an avid social media user, here are some “do’s” to help ensure you don’t inadvertently hurt your case:
- Do think before you post: If you are going to continue using social media during divorce, think before you post. Ask yourself whether the content you’re about to post could be distorted or mischaracterized.
- Do consider pausing or deactivating your accounts: The best way to resist the temptation of social media is to consider deactivating your accounts. While deleting your account can be viewed as spoliation by the courts, simply pausing your use can help you avoid posting anything that might affect your case.
- Do review your privacy settings: Turn on the strongest privacy settings on your accounts. Limit who can view your photos, posts, and any personal information. However, even with the highest privacy settings activated, you should still not post anything you wouldn’t want your spouse (or the judge) to see.
- Do ask your friends and family not to tag you: Not only can content you post be used against you in your divorce case, but any photos, comments, mentions, or tags can be used as evidence as well. Monitor your accounts for any tags or mentions. To avoid any complications for your case, it may be best to ask your friends and family not to tag you in anything until your divorce is finalized.
- Do save any evidence: If you notice any concerning posts on social media from your ex, don’t engage on the platform. Rather, take screenshots to send directly to your attorney. Your attorney can then evaluate how the posts might be relevant and whether they should be preserved as evidence.
- Do keep your information secure: Be sure to take measures to keep your accounts secure. Use unique passwords, enable two-factor authentication, and review your login activity on a regular basis. Even if you think your spouse did not have access to your passwords, you should update them anyway.
Although social media can sometimes make divorce a more challenging process, taking a cautious approach to what you share can help prevent unnecessary complications in your case.
The Don’ts of Social Media During a Divorce
Just as there are some “do’s” when it comes to social media and divorce, there are just as many “don’ts.” Don’t post anything that could be taken out of context, such as photos at social events, sarcastic comments about your spouse or case, comments about finances, or posts about your children or a new significant other. Even if you think a post is harmless, your spouse or their attorney may view it differently.
Specifically, some important “don’ts” for social media when going through a divorce include:
- Don’t make negative comments about your ex: Making negative comments about your ex on social media during divorce can signal that you’re not willing to cooperate as a co-parent, make you appear unstable, or harm your credibility.
- Don’t post about new relationships: Depending on the issues in your case, posting about a new relationship can potentially impact child custody matters or alimony disputes. For instance, posting photos of lavish vacations with a new significant other can make it seem like you are dissipating marital assets on a paramour. Similarly, posts that show excessive partying with a new partner could be used to support an argument that the relationship or your conduct could negatively impact the child’s well-being.
- Don’t post photos with new luxury purchases: Posting photos of luxury purchases such as a new car, jewelry, or designer items can raise questions about your income and financial resources, impact alimony disputes, and create concerns about the dissipation of marital assets. Even if the purchase was made with separate funds, your spouse could still attempt to use the post to challenge your credibility.
- Don’t share party photos: Party photos that show alcohol use, expensive outings, or wild conduct can be used by your spouse in divorce to argue that you are an unfit parent or demonstrate that you are wastefully spending marital assets on entertainment.
- Don’t message your spouse on social media: Not only can your posts be used against you, but any private messages you send through social media to your spouse or anyone else can leave a digital footprint that impacts your case.
Importantly, even if you think certain posts may be damaging to your case, don’t delete them in an attempt to clean up your social media profile. This can be viewed as spoliation and the destruction of evidence, which can result in serious legal penalties. If you have any questions about your social media use during divorce, always consult with your attorney before you take any action on your accounts.
Contact an Experienced Missouri Divorce Attorney
If you plan to use social media during divorce, a knowledgeable divorce attorney can advise you regarding best practices and how your case may be impacted. Divorce and family law attorney Mark A. Wortman provides trusted counsel for clients facing divorce and a broad scope of family law matters in the greater Kansas City, Missouri area. Schedule a confidential consultation to learn how he can help by contacting Mark online or by calling (816) 523-6100.
