Divorce is a legal process, and a legal process you are involved in is something that should never be posted on social media. However, even if you aren’t talking directly about the divorce, the asset division process, or the frustrating behavior your ex may be exhibiting, your social media activity can still be used against you. During the divorce process you need to be very aware of your online behavior and what it reflects about you.
Many legal teams will use social media to find evidence that can be used against you, particularly if that evidence contradicts information you may have provided about your living situation, financial situation, or behavior. Tagged photos and check-ins can contain a wealth of information about where you go, who you are with, and what you are doing. If pictures of you “cutting loose” wind up on social media, your spouse can use that as evidence about your character, even if that isn’t your usual behavior. If you brag about a promotion or your financial situation while telling a different story in the divorce proceedings, you can find yourself in a very sticky situation. There are real legal risks to living your life – or airing your dirty laundry – online. What you may think is just venting can harm your credibility, raise concerns about your emotional state, and weaken your case.
Is social media admissible in court? Yes. Your online behavior can absolutely be used in legal proceedings. This is even more critical if your divorce involves a custody agreement. If you have kids, social media can impact that custody agreement. Your spouse and their attorney may use your online activity to challenge your fitness as a parent. One of the first places your ex’s attorney will look for incriminating evidence against you is your social media presence. Anything – even something posted to be funny – can be framed in a way that could make you look bad.
If you post something on your social media, you need to assume that it’s out there forever, even if you try to “take it back”. Just because you delete it doesn’t mean it’s gone. Many have learned the hard way that with shares, screenshots, and notifications, your digital footprint isn’t easy to erase. Assume that once you’ve shared something online, it lives on.
In addition, privacy settings are not always as private as you think. While you may have locked your profile, your friends and connections may not be as mindful of your current situation. With facial recognition and advanced algorithms, a good legal team with cyber experts may be able to find out about your activities through your friends and connections. The easiest way for someone to get a glimpse of your activities is if someone tagged you in their photos or posts, as that can allow others to find you. And finally, while it can be hard to think about, even if you’ve blocked your ex, that doesn’t mean they can’t find you through someone else. Often, mutual friends may be reporting or sharing your online activities. Many social media users have such a large number of “friends” that they don’t think about who else could be a potential problem besides their ex.
The best way to protect yourself online when going through the divorce process is to be mindful about your online activity as well as the online activity of your family and friends. While it may seem obvious to avoid discussing the actual ins and outs of the legal proceedings, that’s not the only thing you need to be careful with. Here are some basic dos and don’ts that can help you get through the process.
DO:
DON’T
The most important advice you can get about social media during your divorce process is to listen to your attorney and follow their advice. While it may seem like they are being overly cautious, or you aren’t concerned because you trust your friends or think you still have a good relationship with your ex and their friends, this attitude can lead to you being blindsided if evidence from your social media comes up in the proceedings. Until your divorce is final, take your activities offline and save your venting for the true privacy of your own home and offline conversations. If you’re going through a divorce, I can help. Contact my office today.