How to Behave on Social Media During Divorce

“The social media landscape changes almost as quickly as you hit ‘retweet.’ New trends pop up as platform developers design new features and algorithms that influence user behavior. Similarly, some topics, trends, and features quickly become outdated and, eventually, obsolete,” according to Sprout Social. The one thing that has remained constant in the last decade is the widespread use of social media among teens and adults of all ages.

If you’re like a lot of our divorcing clients, you probably have a Facebook, Instagram, Snapchat, and LinkedIn account. Of those four social media platforms, Facebook and Instagram are the two in particular that are increasingly being used as evidence in divorce cases.

Social Media Evidence in Divorce Cases

According to The National Law Review, “Social media influences everything these days, from pop-culture to even divorce. To elucidate this point, simply try to find one person in your family, or among your friends, or peers at work that does not have a Facebook account. If your circle is anything like mine, you will be hard-pressed to do this successfully.”

The National Law Review continues, “When divorce is involved, the question of electronic evidence, and social media evidence, in particular, comes into play in various ways. Modern relationships fall hazard to the sometimes illicit goings-on of spouses that end up publicized for all the world to see (and ‘like’ or comment on) on the Internet.” Because social media evidence is used as ammunition in divorce cases, it’s important to watch what you say and do on social media, or else your posts can hurt you.

Take This Advice

If you scroll through and post on your social media apps frequently and you’re going through a divorce, we recommend you follow these best practices:

  • Do not discuss the divorce on social media
  • Do not badmouth your spouse, their attorney, or the judge on social media
  • Avoid posting any pics that could paint you in a negative light
  • Avoid posting pics of you drinking alcohol, doing drugs, or partying
  • Avoid posting pics of you in a state of undress
  • Avoid posting pics of you dating
  • If you have to ask yourself, “Is this safe to post?” it’s probably best not to
  • When it doubt, DON’T post
  • Do not post pics of you traveling in exotic places
  • Do not post pics of you on expensive vacations
  • Do not post pics of new cars or extravagant purchases
  • Do not discuss your income on social media
  • Do not change your relationship status to “single” until the divorce is final
  • Acknowledge that even if you defriend your spouse, a mutual friend can still screenshot your post and forward it to him or her

Some of our clients decide to take social media fast during their divorce while others scroll through their feeds but stop making their own posts until the divorce is official. If you enjoy social media or it’s a big part of your life or your career, be judicious about what you post and if you have any questions about social media evidence in a divorce case, contact our firm to seek legal advice from an attorney.

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