It is highly recommended that divorcing spouses reconsider their posts on social media platforms such as Facebook, Instagram, Twitter, and so forth. In addition to being amusing, social media content is used as evidence in divorce cases and has the power to incite a courtroom frenzy.
When it comes to social media posting during divorce proceedings, the hard and fast rule is to stay away from it altogether. In court, what you choose not to post cannot be used against you. In particular, you should refrain from communicating with your ex-spouse or their acquaintances and from sharing any images of yourself that can harm your legal situation. In the event that your divorce involves a custody dispute, it could be prudent to refrain from sharing images of your kids online.
It is preferable to minimize or cease using social media during a divorce and wait to do it until the matter is resolved. If you have to make any updates to your social media accounts, abide by these extra rules.
Retain Social Media Accounts
Consult with your lawyer if you have any concerns regarding your social media accounts.
Couples going through a divorce could be eager to remove unflattering pictures, remarks, or even their whole social media presence. There are two key reasons you shouldn’t remove social media content:
First of all, deleting conversations, photos, or social media accounts could be seen as spoliation (the legal word for erasing evidence) in court. As previously stated, in the course of a court dispute, social media posts are regarded as evidence.
Reason #2: You might want to remove the picture of you with your hair unkempt and a furrowed brow. If you remove it, the other side can say you were drunk rather than that you had a bad hair day.
Digital forensics can recover data that has been erased. Consult your divorce attorney if you have any concerns regarding your social media sites. Changing your passwords is a good idea, particularly if you think your ex-spouse might have access to your accounts.
Consultant: Divorce Mediation California
If you must post on social media during a divorce, refrain from posting offensive, immoral, or unlawful remarks or images. Posts that show you doing drugs, consuming alcohol, or gambling, for example, will be used against you in court.
Posts that depict excessive drinking or partying may give the impression that you are not a responsible parent to the judge or opposing attorneys. These kinds of posts have the power to persuade the judge to grant you less custody time.
If you must post on social media during a divorce, it is recommended that you only publish encouraging and accurate content. It’s important to maintain a positive attitude on social media by not saying anything hurtful or disparaging about your soon-to-be ex, their attorneys, mediators, assessors, or the court in particular.
Additionally, you ought to keep an eye on the remarks made by your loved ones. Attacks on your ex-spouse by individuals you know can come back to haunt you during the legal process. Your kids might even witness the hurtful remarks made by their relatives about their parent, who is still alive.
Posting about dubious or unlawful activity is prohibited.
Steer clear of sharing anything on social media that implies you have participated in any kind of dubious, immoral, or unlawful activity. Keep in mind that whatever you post on social media could be used against you in court.
Anything that could give the wrong impression of you in court, such as posts regarding drugs, alcohol, dating, gambling, or medical conditions, should not be posted online. The amount of time you get to spend with your children will be decided by the judge in your case, and posts that depict dubious behavior may be used against you to reduce that time.
A single lie on social media or a false representation to attorneys can instantly erode any credibility you might have with the judge. You also expose yourself to the possibility of being found guilty of perjury and facing contempt in court. Lying will make it more difficult for you to win your divorce or child custody battle.
You should not stage images for social media. As a parent, for example, you might want to show that you are paying attention. It’s possible that you’ll leave your child’s football game a minute after taking and posting a picture of yourself there. Witnesses will correct the narrative. Your child custody dispute is immediately greatly undermined.
Posts You Know Are Fair Game
It will be revealed to opposing attorneys, the divorcing spouse, and their friends and family anything you do and say on social media. In most cases, this evidence will be used against you in court.
Remember that social media is a reflection of who you are right now, and keep that in mind when your divorce is being tried. Reconsider your frequent social media whining about the responsibilities of a single parent. You will probably suffer if you do this when child custody disputes come up.
Don’t Be Negative About Money
Don’t brag if you recently bought a brand-new Ford pickup or a San Juan vacation house. Pictures of your opulence will be used against you if the topic of alimony or child support comes up. Instead, present a truthful picture of your financial situation during a lawsuit, or stay silent entirely.
Avoid Talking About the Case on Social Media
Refrain from talking about the trial online, even if you think your case was handled incorrectly. Saying anything negative about your ex-spouse, their lawyer, the judge, or any mediators or assessors involved falls within this category. For a short while following the decision, appeals are accepted. Talk to your divorce attorney about your problems instead of ranting on social media.
Don’t Share Amorous Pictures
You are free to begin dating while the divorce is pending. The opposing counsel has the ability to manipulate posting images of a new romantic interest. Your ex might allege infidelity. Spousal support may be permanently prohibited as a result.
Posting private images is not as important. Posting private images to controversial websites without the other person’s knowledge or agreement may result in jail time, financial damage awards, or even losing one’s job.
Configure your privacy settings.
Turn up the privacy settings on all social media accounts while a divorce is pending. Content posted by social media users can still be found despite privacy settings. Sharing a photo with a friend can expose private information. Social media private messages might be found and used against you in court. Furthermore, privacy settings on some social media networks might be changed at random.