Social Media & Divorce: To Post or Not to Post?

Most people today use at least one social media platform, whether it be Facebook, Instagram, Twitter, or Snapchat. Some people post more frequently than others (we all have that one friend…). But posting about your divorce on social media is never a good idea. This doesn’t mean you can’t post at all on social media. It just means you need to be careful about what you post. Here are 4 things to keep in mind before you hit that share button:

  1. Do NOT Post About Your Spouse.

This is critical. Speaking about your spouse on social media can hurt your case in many ways. For example, the judge can consider remarks about your spouse when making custody evaluations and it could also be used to prove violations of a restraining order.

  1. Post Like the Judge Will Read It.

I recently came across a meme that read something like: “dance like nobody’s watching but text like it will be read by a lawyer in court on day.” This statement is accurate and is also true for social media posts. So before you hit that share button, ask yourself: “could this post negatively impact my divorce if the Judge were to set it? If the answer to that question is “yes,” then don’t post. If the answer to that question is “no,” but you had a glass of wine, then don’t post (trust me on this one). When in doubt, don’t post! This applies to any post, regardless of the topic.

  1. Social Media Posts Are Discoverable.

Your social media posts may be requested by your spouse’s attorney during the discovery process. This is standard practice by some divorce attorneys. In fact, I frequently request social media information from opposing parties, especially when there are custody issues involved or we’re trying to show the lifestyle of the other side for child support or alimony purposes.

  1. “Private” Setting Doesn’t Mean It Can’t be Found.

Your spouse might be “friends” with someone who you are “friends” with on social media. This means that person could share information with your spouse without you knowing, even when you think it’s set to “private.”  If your profile is requested by the other party during discovery, you must produce it regardless of whether your account is set to “private.”

 

Therese Felth McKenzie

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