Divorce in the Social Media Age

It is no secret that social media has changed many things in our society. Even twenty years ago, few would suspect how drastically different a person’s ability to reach others would be today, or how easily (even accidentally) a person’s life might be chronicled on social media.

One key place that many do not think about the implications of social media (until it is a bit too late) is actions and words shown on social media. So many people have such a huge presence online – they connect with their friends through groups, they update far-away family on their kids and activities, and, yes, sometimes people may just want a little extra attention. However, all the fun and games can really throw a wrench in divorce proceedings if your ex decides to bring your social media into the court as evidence against you.

This article is meant to make readers aware of how sharing personal information, posting incriminating photos, disparaging your ex online, etc., can affect them in a divorce case. The last thing anyone wants is a blindside, and you can protect your own interests by how you utilize (or do not utilize) social media.

• Posting Personal Information

You know the old, highly-relevant phrase “anything you say can and will be used against you.”? It might be wise to chant this as a mantra before you post anything to social media when you are in the midst of a divorce, or anticipate one may be coming. Financial information, personal feelings, negativity in general – the way your ex can utilize what you put online is only limited to their imagination (or that of their attorney).

Remember – when you put something out into the public sphere, it is accessible. Limit potentially negative items that could be used against you or paint you in a negative light.

• Posting Incriminating Pictures

Similar to what is stated above – be especially mindful when posting photos. Incriminating photos can be used against you. For example, you may want to pursue a claim for alimony from your former spouse. How do you think it will affect the court if your ex enters into evidence pictures from your recent trip to Greece? While not a determinative item, such pictures certainly do not support the idea that you are/would be struggling without support from your ex. Regardless of the truth – pictures are worth a thousand words.

• Be Careful in Your Communications

When you communicate via some form of recorded media – text, voice recording, e-mail, etc. – that is a record. Anything you say, or communicate, on social media can be brought up in court to be used against you. Be mindful of what you are putting out there.

• Consider a Social Media Break

When every action you take might be used against you – sometimes it is strategically wise to just take a pause. If you are concerned about how your ex – or your ex’s family or friends – might access and utilize your social media against you, you can always consider just taking a break.

Speak with a dedicated divorce attorney for advice specific to your own situation, but generally speaking it is NEVER a good idea to try to retroactively delete items that could reflect negatively on you. If the court receives evidence that you have tried to “scrub” items from your social media that paint you in a negative light, you will be in a worse situation than if you had just let those things come to light. While you cannot retroactively “fix” things, you CAN (and should) be proactive about protecting your image as you move forward. The elite family law and divorce attorneys at Fort, Holloway & Rogers can help.

Contact Fort, Holloway & Rogers

The experienced Franklin divorce attorneys at Fort, Holloway & Rogers can offer personal, comprehensive guidance to individuals going through a divorce or anticipating one on the horizon. Do not leave your future up to chance – engage with our experienced team and ensure that you understand the best steps to take moving forward.

Sources:

law.com/newyorklawjournal/2023/12/05/protecting-children-of-divorce-against-weaponized-social-media-part-3-how-automatic-orders-against-the-use-of-harmful-social-media-offer-protection-for-children/

the-sun.com/news/10194931/steven-crowder-wife-hilary-divorce-update/