It’s becoming increasingly rare to come into contact with an individual that does not have at least one social media account that they use regularly. Instagram, Snapchat, Facebook, X (formerly known as Twitter), and Tik Tok have millions of users who broadcast bits and pieces of their lives to friends and strangers alike, every single day.
Though the positive impacts of social media can’t be ignored, it would be unwise to ignore the negative aspects, especially for someone who may be going through a conflict-laden divorce or custody battle. In fact, recent data proves that around 80% of divorce lawyers actively search for social media evidence to include as evidence in their cases.
The goal of this blog is to enlighten you about all the ways social media can be used against you in your divorce or custody case, as well as the few ways it could be used in your favor. Additionally, we will leave you with helpful tips for social media use during your case that ensure you and your interests remain protected!
Why Oversharing On The Internet Is NOT In Your Best Interests
You likely know a person who has a bad habit of sharing too much of their personal life on the internet – and if it’s you, now is the best time to break that habit.
Going into detail on your social media accounts, especially regarding your divorce or custody case, will not put you in a position to achieve the outcome you want. The things you post have the potential to damage your reputation, breed conflict, and even negatively impact your own mental and emotional health.
Your social media activity provides valuable insights into your lifestyle, behavior, and personal details. This information can be used as evidence in court to evaluate your parental fitness. Posting content related to partying, drinking, or drug use could create the impression that you are unable to provide a safe and stable environment for your child.
Additionally, you may be viewed negatively if it appears that you are using your children as props on social media. Some individuals go to great lengths to make their time with their children seem more enjoyable or entertaining than the time spent with the other parent. Courts are likely to see through this fabricated image, perceiving you as someone who exploits their children during a challenging period in their lives.
Finally, your internet activity could jeopardize the fiscal side of your case, too. If you have made claims of financial struggles, but the things you post on social media paint a different story, this won’t bode well when it comes to your alimony or child support goals. Posting pictures of expensive purchases or selfies of you on lavish vacations could put you in a compromising position.
How Your Ex Oversharing On The Internet Could Be Used To Your Advantage
While you should refrain from oversharing online, it’s important not to overlook your ex doing the same. This doesn’t mean you should spend hours scouring their social media accounts, and you definitely shouldn’t hack into their profiles or use their passwords to access their accounts without their knowledge or permission.
However, if you come across publicly available posts that might benefit your case, be sure to take screenshots or gather this evidence and share it with your divorce or custody attorney. They can assess whether it could work in your favor and how impactful it might be for your case.
If you are aware of other digital evidence that could work to your advantage (such as browser histories, files, spreadsheets, phone or text records) but don’t have the ability to gather this evidence yourself, it would still be worthwhile to inform your attorney, as it may be possible to petition the court for a subpoena to obtain it.
Social Media Best Practices During Divorce
We aren’t trying to convince you to go on a social media cleanse (unless you feel the need to do so!). We are simply here to help you make wise choices during this challenging legal obstacle you are facing. That means:
- Adjusting your privacy settings, but being aware that they aren’t foolproof – While a solid first step to take is to adjust your privacy settings to restrict who can see and access your profiles, remember not to completely rely on them to protect you. You may block your former spouse, but there is still a chance that their friends or family could access your content and put you at risk.
- Avoiding using your profiles as your support system or therapist – While it IS important to lean on various forms of support during this time, you won’t get anything worthwhile out of seeking what you need through social media. Instead, confide in a close friend, meet with a licensed therapist, or research local support groups to get the help you need for this time of transition.
- Changing your passwords if your spouse previously knew them or would be able to easily guess – Doing so prevents the possibility of them hacking your account and posting something inappropriate or posing as you to make you look bad.
- Limiting your time online – While difficult to do, especially if you spent a lot of time online previously, it isn’t impossible. Remember, this won’t last forever – find a hobby to occupy your mind during this time!
- Blocking or removing people you think could have nefarious intentions – Don’t hold on to “friends” who have proven they don’t have your best interests at heart.
- Paying close attention to others’ posts that include you – Yes, you’ll even need to monitor the social media activity of those closest to you. It can be as simple as asking them not to post pictures of you, tag you, or feature you on their profiles in any way. If they truly care about you, they will understand!
Green Legal Group Can Help You Make Smart Choices Both On And Off The Internet
With so much at stake, you can’t afford to guess your way through your divorce or custody case. Our skilled family lawyers have over 15 years of collective practical experience and can guide you through the journey effectively. We take the time to address your concerns and answer your questions, so that you can move forward with confidence. Call today to schedule a free consultation with a member of our team and learn more about how we can give you an advantage!