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The Impact of Social Media on Divorce Proceedings

When experiencing the misery and letdown of divorce, you might feel tempted to spill the beans on your soon-to-be ex and their irritating habits online. But if you can’t regain your composure, you could easily harm your reputation – possibly jeopardizing an upcoming court case. 

Divorce and its online presence can be tricky, with social media evidence in divorce cases being either positive or negative, seldom both. But since it’s usually the latter, spouses should carefully censor what they post and avoid making statements or putting up visuals that could be used against them.

As a general rule, you should not discuss your divorce case or your spouse on social media.  If you would not want a Judge to read your social media post during your divorce case, then do not write or post it.

Social Media Evidence in Divorce Cases

Once a divorce is pending, spouses should expect to be closely scrutinized by their partner and that person’s lawyer, and social media activity is typically investigated at this time. That’s why some divorce lawyers recommend their clients avoid social media altogether during their divorce and close their accounts as an extra caution. 

The potential for social media to exacerbate conflicts and emotions is an ongoing risk, especially since it can considerably affect child custody battles if the parents are irresponsible enough to carry out their quarrels online.

Whatever you post on social media, it relays your opinion to everyone reading it. Your name is attached once you hit the send button, making the post directly attributable to you and your current state of mind.

Suppose a statement is hurtful, damaging, derogatory, insulting, or meant to inflict emotional harm. In that case, the opposing counsel can capture screenshots of the posts and present them as evidence in a hearing regarding custody. The Judge may not perceive your statements favorably and rule against you.

Managing Social Media During Divorce

Here’s a few tips to help you manage your online presence during divorce:

  1. Maintain a positive online presence and avoid posting about your divorce
  2. Avoid badmouthing your soon-to-be former spouse on any platform
  3. Do not post relationship details online
  4. Do not allow yourself to be tagged in inappropriate posts or photos
  5. Don’t overshare regarding your children, finances, or personal information
  6. Do not use social media posts to show your spouse how happy you are

You should update your passwords to your social media accounts and utilize the privacy filters when you post.  But remember, your posts are never completely private. Ask Lewis Legal Solutions for advice about using social media in a divorce situation. You’re better safe with an experienced divorce attorney than sorry in the long run.