A guide to social media and divorce

Facebook has grown so popular that it may seem like second nature to post frequent updates about your life, including your divorce. While it may not seem like a big deal to post about your divorce and your soon-to-be ex on social media sites such as Facebook, Twitter and Instagram, posting about your divorce can lead to negative consequences.

Everything posted on social media can be used as evidence throughout the discovery process in court. During divorce litigation, this means your spouse has the potential to use anything you have posted on social media against you. it is not surprising that with increased use globally that there is an increase in social media being used as evidence in divorce court.

If you can, stop using social media altogether

Once litigation starts, you cannot delete your social media accounts or anything that you post. The courts can and likely will request to see a full history of your social media accounts and deleting posts could get you into trouble. It can be difficult to predict how a judge will view what you post or use it against you, so it may be wise to take a break from social media while going through the divorce process.

Some topics that a judge could view negatively in your status updates include:

  • Money: Posting about lavish purchases could paint you as someone who is not in control of their finances. You want to be seen as someone who is wise with their money.
  • Children: If you have children, try not to post about them during the divorce process. Take extra caution that posts about your children will not negatively affect you. For example, don’t complain on social media about things that your children do.
  • Your ex: Creating drama about you and your ex online can be harmful to all parties. Even if you and your ex are not Facebook friends anymore, avoid bashing them in a heat-of-the-moment post.

If you must use social media, be extra cautious of what you post. Taking extra care in managing your profiles can help you avoid having your social media used against you.

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