In today’s day and age, social media has become a huge part of our lives. From posting photos and videos to connecting with family and friends, life is documented through social media channels. Depending on your privacy settings, these experiences can be seen by many.
However, social media posts and updates may be seen by the wrong people. If you’re going through a divorce, social media can negatively impact your case. Anything you like, share, or post could be used against you as evidence, which could have an impact on many aspects of a divorce, from child custody agreements to asset division.
Below we discuss how social media can have a negative impact on your divorce, including how posts can be used in court, and social media mistakes that cost people custody. We’ll also provide tips to protect yourself online during the divorce process and how an experienced divorce attorney can provide guidance during the divorce process in New York.
How Social Media Can Hurt Your Divorce
Divorce can be a contentious process, particularly if it is contested by one of the spouses. Animosity and anger frequently fuel one or both parties to look for any advantage possible. In cases such as this, social media provides a wealth of information that parties may use against each other. If you believe that your social media activity can’t hurt your divorce case, think again. This information can undoubtedly be twisted to support a particular narrative.
Here’s how social media activity can be used against a spouse:
- Contradictory statements — Your credibility will be seriously damaged if you make a court claim of financial hardship, but your social media accounts display lavish trips and pricey purchases.
- Proof of misconduct — Posts that imply adultery, drug misuse, or careless conduct may be used to harm your reputation and influence choices regarding child custody, alimony, and asset division.
- Emotional instability — Outbursts, angry posts, or rants can give the impression that you are unstable or unsuitable to be a childcare provider.
- Disparaging remarks — Making negative posts and comments about your spouse, their family, or the court can show disrespect and possibly affect how the judge views you.
- Court order violation — There may be severe legal repercussions for posting anything that contravenes a gag or restraining order.
What Not to Post During Divorce
One of the cons of social media is that careless, unmoderated posting can negatively influence divorce cases. Here’s what not to post on social media during a divorce:
- Negative posts and comments about your spouse — Don’t use social media as a place to air your grievances and make adverse remarks. It’s entirely possible for even innocuous remarks to be misconstrued and turned against you.
- Information about your divorce — Don’t talk about any part of your divorce, such as settlement talks, court dates, or legal tactics. Your spouse might unintentionally benefit from knowing this information.
- Posts or check-ins from clubs or bars — Checking-in and posting from clubs or bars may indicate excessive drinking or a desire to party constantly, which could be used against you.
- Photos with new partners — Although you may be ready to move on, posting images of a new partner on social media too soon may be interpreted as disrespectful to your spouse and could have an impact on custody agreements.
- Posts regarding lavish purchases and vacations — Extravagant purchases and trips can cast doubt on your financial responsibility and contradict statements of financial hardship.
Can Facebook Posts Be Used in Court?
In a nutshell, yes. If certain requirements are met, social media posts — tweets, Instagram images, and Facebook updates — are usually admissible as evidence in court. The posts used in court need to be pertinent to the topics at hand, such as marital misconduct, parenting skills, or financial status. The posts must also be proven to be authentic and relevant to the case.
Protect Yourself Online During Divorce.
- Review your privacy settings to limit who can see your posts.
- Be careful about what you post on social media platforms.
- Don’t check-in to questionable locations.
- Monitor your online presence.
- Ask family and friends not to tag you on social media.
Social Media Mistakes That Cost People Custody
Child custody is one of the most prominent issues in a divorce. Social media mistakes can have damaging effects on child custody. For example, posting photos of children in dangerous circumstances such as not wearing their seatbelts or participating in hazardous activities can be a damaging error.
Negative posts about “the other parent” or “my ex” can be harmful if your kids see them, even if you don’t specifically name your spouse. Posts that imply that you are partying too much, ignoring your obligations, or dealing with mental health issues may raise concerns about your capacity to give your children a secure and caring environment.
A committed divorce attorney can guide you through the financial disclosure process and guide you regarding negative effects of social media and divorce. Zelenitz, Shapiro & D’Agostino are dedicated divorce lawyers who will be with you every step of the way. Give us a call at 718-523-1111 or request a free consultation today