Think Before You Post: The Top Social Media Mistakes To Avoid During Divorce
Social media can play a significant role in divorce proceedings, with social media posts being used as evidence in custody and parenting time cases, cohabitation cases seeking termination of alimony, domestic violence cases involving negative behavior such as cyberbullying, stalking and harassment, as well as evidence of income or lifestyle to determine support. Because of the increased use of social media posts as evidence in divorce cases it is important to avoid making common mistakes that negatively impact outcomes.
Here are some common social media mistakes that I have seen that have caused increased costs or negative outcomes during divorce:
Oversharing Personal Details: One of the most common mistakes people make on social media during a divorce is oversharing personal details. Avoid posting every detail of your divorce proceedings, including legal strategies, financial information, or intimate details of the breakup. Such information can be used against you in court, affecting issues like asset division, alimony, or child custody. Keep your personal matters private and discuss them only with your attorney or trusted confidants offline.
Badmouthing Your Spouse: Venting your frustrations or badmouthing your spouse on social media can backfire in a divorce case. Avoid posting negative comments, derogatory remarks, or accusations about your soon-to-be-ex. Remember, what you post on social media can be used as evidence in court, potentially impacting the judge's perception of your character and parental abilities. Maintain a respectful and professional approach online, and consider seeking emotional support from friends or family offline.
Sharing Incriminating Photos or Activities: Think twice before sharing photos or engaging in activities that could be misconstrued or used against you in court. Posting pictures of lavish vacations, expensive purchases, or engaging in questionable behavior may send the wrong message to the court and impact issues like support or child custody. Exercise discretion and avoid sharing content that could undermine your credibility or financial claims during the divorce process.
Neglecting Privacy Settings: Review and adjust your privacy settings on social media platforms during a divorce and talk to your friends and family about not posting anything that you also wish to keep private. Ensure that your accounts are set to private, limiting access to your posts, photos, and personal information. However, bear in mind that even private content may be subject to legal scrutiny under certain circumstances. Stay vigilant and mindful of who you accept as friends or connections on social media to maintain control over your online presence and change your passwords and recovery emails to prevent access by your spouse or significant other.
Failing to Protect the Privacy of Children: During a divorce, it is crucial to prioritize the well-being and privacy of your children. Avoid posting sensitive information or photographs that could potentially harm their emotional well-being or compromise their privacy. Be mindful of the potential consequences of sharing details about custody arrangements, visitation schedules, or any personal information that may put your children at risk. Remember that your actions on social media can impact your child custody case and the overall outcome of your divorce.
Posting About a New Relationship: Publicizing a new relationship on social media potentially influence decisions related to child custody and parenting time. Cohabitation claims can also be impacted by evidence obtained through social media posts about new relationships. Cohabitation claims involve one spouse asserting that the other spouse is in a committed marital- likerelationship with a new partner, which if proven may result in modification or termination of alimony or financial support obligations. Social media posts can provide evidence that may support or contradict such claims. Posting pictures or updates that suggest a committed relationship or sharing details about cohabitation-like activities may undermine a cohabitation claim or provide ammunition for the opposing party.
Navigating social media during a divorce requires thoughtfulness and discretion. Avoid the social media blunders discussed above to protect your interests and maintain a positive image during the proceedings. Remember that what you post online can have real-world consequences in terms of asset division, alimony, child custody, and more. Seek guidance from a qualified family law attorney to understand the legal implications specific to your case. By being cautious about your social media activity, you can ensure a smoother divorce process and safeguard your future.
If you questions about social media use in divorce or need more information about divorce in general, please contact Georgia Fraser, Esq. at 609-223-2099 to set up a consultation.