The Impact of Social Media on Divorce - FairfieldMoms

Social media can provide you with a platform to share whatever you want about your life, including family photos, weekend plans, and job changes or promotions. It has also become a common way to communicate with friends and family, and a place to reconnect with those with which you’ve lost touch.

In the ordinary course, you might not give much thought to the latest picture you post to Instagram or the last post that you were tagged in on Facebook. However, during a divorce case, it is not uncommon to feel as if nearly every move you make is being watched. For this reason, you should be extra cautious about how you use social media. If your soon-to-be ex-spouse is not as cautious as you are with social media, however, consider how these posts can be used to your advantage in your divorce case.

Can Social Media be Used During My Divorce Case?

Yes, it can be. The following are some examples of when social media can prove useful in a divorce case:

Messages with another person on social media. Why might these be relevant?

  1. Communications with a boyfriend or girlfriend could be relevant if your spouse is having an affair.
  2. Communications with a family member could be relevant if your spouse is receiving money from a family member, or if the family member is somehow otherwise involved in the case.
  3.  Communications with a childcare provider could be relevant if there are child custody issues.

Pictures of your spouse on lavish vacations or purchasing expensive items. Why might these be relevant?

  1. Pictures of lavish vacations or recently purchased expensive items might bolster an argument that your spouse has a greater ability to pay alimony or child support, especially if there is a claim that he or she cannot afford to pay.
  2. Pictures of recently purchased expensive items might indicate that your spouse has violated the Automatic Orders, which are in effect during a divorce case.

Pictures of the other parent out partying. Why might these be relevant?

  1. Pictures of the other parent out partying may support a claim that that parent abuses alcohol or drugs.
  2. Pictures of the other parent out partying during his or her parenting time may support a claim that that parent should have less time with the children.
  3. Pictures of the other parent out partying may support a claim that the parent is generally less involved, if he or she is missing the children’s school functions, sports games, or medical appointments.

Tips for Using Social Media During Your Divorce

  • Refrain from venting about the divorce process on social media. Complaining about the judge or your spouse’s lawyer after a hearing on social media, for example, will not look good during future court appearances.
  • If, while scrolling through your spouse’s social media, you find something you believe to be helpful to your case, you should immediately screen shot it and save it in a safe place. Social media posts can easily be deleted and are hard to recover once deleted.
  •  In addition, you should be mindful of your social media posts during a divorce. Before posting something, consider whether you would want a judge to see the post during your divorce or custody trial. Even if you’ve blocked your spouse from your social media, a mutual friend or family member could still see and share your post with your spouse.

The number of cases in which social media is relevant in some way is increasing. For more specific information about the role social media can play in your case, contact the divorce lawyers of Ferro & Battey, LLC today.

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