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Divorce is a difficult time in life, and social media can make it even more complicated. When considering the legal side of things, posts and interactions on social media platforms both during and post-divorce can significantly impact your case or any potential agreements or outcomes.
Navigating these waters carefully is crucial for securing a favorable outcome—and that’s what we’re here to help you do. Let's explore how your social media activity can affect your family law matters.
What Impact Does Social Media Have in a Divorce Case?
When going through a divorce, you might be tempted to post about your situation on social media. This is generally inadvisable. However, if you do post, it’s important to be extremely careful about what you say and how you say it—because anything posted online may end up as evidence in court.
The court can consider posts, photos, comments, interactions, and other information you provide on social media as evidence in the proceedings. This includes posts that talk about income, assets, your children, a new relationship, or other details related to your divorce.
In addition, courts may look at social media accounts to determine a person’s lifestyle during and after the divorce process. This can include activities such as vacations, parties, and lifestyle in general.
Finally, social media can be used to investigate the credibility of a person in court proceedings. If there are inconsistencies between what is posted online and statements presented in court, this could potentially impact the outcome of the case.
How Can You Protect Yourself?
The best way to protect yourself is by avoiding any potential social media pitfalls. First and foremost, be mindful of the posts you share during divorce proceedings. Your best protection is not to post anything at all – this may be difficult, but remember, it’s temporary. If you do post, avoid posting anything that could be seen as negative or inflammatory in nature—as this is likely to have an adverse effect on your case. Also avoid posting anything that shows you living your better life – any large purchases, great vacations, etc. can cause an issue. Finally, avoid posting anything related to participating in drinking alcohol, partying, or engaging in risky activities. A picture of you toasting your freedom in your new bright red sports car rings every alarm – no matter how great it might feel in the moment.
In addition, it’s important to avoid discussing any details related to your divorce online. This includes matters such as financial settlements, child custody arrangements, or even your feelings about the other party. Posting divorce details online can prompt conflict with your spouse and complicate negotiations, especially as you work together to resolve your contested divorce issues.
Finally, it’s also a good idea to be careful who you add and interact with on social media during this time. Be mindful that anything posted by those in your network can potentially be used against you. Even if you keep your posts private and monitor who follows you, your digital record is recoverable, and your posts and activity might be presented as evidence in court.
At the end of the day, it’s important to remember that your online presence can have a serious impact on your divorce proceedings. Being mindful and intentional about what you post—and who you interact with—can go a long way toward ensuring a successful outcome in court.
What Should I Do If I Believe My Posts Could Be Used Against Me?
If you believe your social media posts could be used against you in court proceedings, it’s important to contact a family law attorney as soon as possible. Do NOT try to delete or hide the problem. There is always a record somewhere and you can actually make your situation worse by taking that action. An experienced lawyer can help you navigate the legal complexities of using social media during divorce and offer advice on how best to handle any potential issues.
Your lawyer can also help you evaluate the evidence presented and advise you on the best course of action moving forward. In some cases, this may involve requesting that the court dismiss certain posts or offers of proof due to lack of relevance in your case.
Strategic. Focused. Shemtob Draganosky Taylor Stein, PC.
Ultimately, navigating social media during divorce is a delicate process—but it can be done successfully with the right guidance and support. Seeking legal counsel is the best way to protect yourself and ensure your interests are represented in court.
At Shemtob Draganosky Taylor Stein, PC, we understand the complexities of navigating social media during a divorce. Our experienced team is here to provide you with strategic and focused legal counsel that helps protect your best interests throughout the entire process. We are committed to helping our clients achieve successful outcomes by providing them with sound advice on how to handle their digital footprint in court proceedings.
If you’re looking for an attorney who will help guide you through this difficult time, call our firm today at (215) 544-3974 to schedule a consultation and learn more about how we can help you prepare for your divorce. We are waiting for your call!
