Can Your Social Media Be Used Against You in a Divorce?

Keeping up with family members and old classmates, quick access to the day’s events, and mindless scrolling on the couch, social media has become all-encompassing for many of us. While these public apps have become one of the main ways for everyone to stay connected, they can also be used against you in divorce proceedings. Whether you only have a Facebook account, or you love to try all the latest platforms, the information present on social media can have an impact on divorce and marital settlements, and even child custody. Our attorneys at Cutter & Lax, Attorneys at Law are sharing how your social media can impact you and a few tips to keep yourself protected.

How Social Media Can Impact You

It might seem like an easy fix to simply mark your accounts as private or block your spouse from viewing your social media, however that won’t necessarily fix the problem, as even posts of you made by mutual friends can be admissible.

The major way social media can affect your case in court—for better or for worse, since social media works both ways—is if you publicly share information that contradicts any formal agreement between you and your spouse. This includes:

  • Showcasing hidden assets: If you are fighting for spousal support or additional child support, posts about new cars, excessive travel, etc. can be used as evidence against you.
  • Demonstrating risky behavior: Especially relevant in child custody cases, posts of excessive drinking or drug use can be used to depict you in a less than glowing light.
  • Displaying negative comments about your now-ex spouse: Not only can speaking badly about your ex lead to bad blood, affecting the overall tone of the divorce proceedings, but it can also be used as evidence to establish intent of emotional distress or harassment.

Tips for Using Social Media During a Divorce

By no means are we saying avoid social media altogether, but there are some tips you can utilize to try and ensure your social media stays out of the courtroom.

7 tips for navigating social media during your divorce:

  1. If you wouldn’t be comfortable with a judge seeing your post, don’t post it
  2. Avoid speaking negatively about your ex
  3. Refrain from posting pictures of you partying
  4. Ensure your friends are not posting pictures of you partaking in risky behavior
  5. Avoid talking about your divorce publicly
  6. Do not post anything that depicts you spending a lot of money, including big purchases and vacations
  7. Refrain from posting pictures of new significant others until your divorce is final

If you are looking for more information regarding social media and divorce, or you are in need of a divorce attorney in Encino, we invite you to contact Cutter & Lax, Attorneys at Law at (818) 839-2533 today.

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