How Does Social Media Affect My Divorce?


Social media has changed the way people interact with each other. Platforms like Instagram, Facebook, Twitter, and TikTok are changing many aspects of our life, including marriage and even divorce.

Many do not realize that using social media after filing for divorce can have a significant impact on many aspects of the divorce case, including alimony, child custody, and property division.

Speak with a Florence divorce attorney to protect your rights and avoid mistakes that could harm your case. Read on to find out how social media may affect your divorce in Texas.

Social Media Can Affect Your Divorce Case

Nowadays, people cannot imagine their lives without social media. However, what you post on social media could harm your divorce case because your tweets, photos, and posts on social media can be used as evidence in court.

Your soon-to-be-ex-spouse’s lawyer will be looking for anything that could be used against you to win a favorable outcome for their client, including your posts on Instagram, Facebook, and other platforms. Your social media posts could be used as admissible evidence in court against you to gain an advantage.

While it may still be safe to use social media after filing for divorce, it is vital to avoid posting certain things.

5 Things to Avoid Posting on Social Media During a Divorce

If you are contemplating a divorce or have already initiated the divorce process, avoid posting the following things on your social media accounts.

1. Partying and Drinking

It is advisable to avoid posts about partying, drinking alcohol, or using drugs at all costs, especially if your divorce involves children. The other parent can use these posts to make you look like a neglectful parent.

If you post photos of you hanging out with your friends on the nights in which you were supposed to be with your child, the opposing party can use those photos to convince the court that you are an “unfit” parent and that it would be in the best interests of the child to stay with them.

2. Posts About Expensive Purchases

Posting photos of gifts for your romantic partner or expensive purchases can cause trouble if you are dealing with child support or alimony issues in your divorce. The same can be said about photos from vacations.

If you are behind on child support or alimony payments or you refuse to pay your spouse during or following a divorce because you “cannot afford it,” those pictures of expensive purchases, gifts, or vacation photos will contradict your claims.

In fact, if you buy expensive presents for your romantic partner and boast about it on social media, your spouse could claim that you are using marital funds to buy those gifts since you are not officially divorced yet.

3. Posts About the Divorce Case or Legal Matters

Many people cannot resist the temptation to vent on social media when going through a divorce. Unfortunately, discussing the details of your divorce case or other legal matters can complicate your case or make it more adversarial than it has to be.

And remember: Anything you post online will basically exist forever.

4. Photos of Your New Romantic Partner

While it may be tempting to start a new romantic relationship to move on with your life during a divorce, posting photos of you and your new romantic partner could make your spouse less cooperative and more hostile. After all, you never know how your soon-to-be-ex-spouse may feel about your new relationship during a divorce.

It is also not a good idea to post photos of your new partner on social media because the judge could argue that you committed adultery. In Texas, dating while your divorce case is pending can be considered an extramarital affair. Previously, we talked about dating during a divorce in Texas.

If the court determines that you committed adultery, they may consider your infidelity when dividing your community property during a divorce.

5. Evidence of Hidden Assets

Since your emails, texts, and social media posts are admissible as evidence in court, the opposing party may use your social media pictures to prove the existence of hidden assets.

In fact, blocking your spouse may not prevent them and their attorney from seeing your posts about hidden assets, which may include automobiles, art, jewelry, or other types of property or luxury items.

How to Use Social Media Responsibly During a Divorce

While the general advice is to stop using social media altogether until your divorce is final, some people cannot stay away from Facebook, Twitter, Instagram, TikTok, and other sites.

However, you can continue using social media while your divorce case is pending as long as you do it responsibly. Follow these tips when using social media sites while your divorce case is ongoing:

  1. Change your privacy settings. While this may not prevent your soon-to-be-ex-spouse from seeing everything you post, changing your settings to private can still be helpful.

  2. Unfollow your ex, their family, friends, and anyone who could access your photos and posts.

  3. Avoid posting anything personal about your children, divorce case, new romantic partner, and assets.

  4. Avoid posting anything emotional about your spouse, children, or anything related to your divorce.

  5. Change all of your passwords to prevent your spouse from accessing your devices and social media accounts.

  6. Talk to your friends and family and ask them to avoid posting any comments under your photos or tagging you in their posts without your approval until your divorce is final.

Call a Florence Divorce Attorney to Discuss Your Case Today

It is advisable to consult with a Florence divorce attorney to find out how you can protect your interests and rights when your divorce case is pending. When used irresponsibly, social media can have a negative impact on your divorce proceedings.

That is why it is vital to avoid posting things that could adversely affect your case. A skilled divorce lawyer at The Law Office of Brett H. Pritchard can help you understand the possible problems that social media may create while your divorce case is pending. Call 254-501-4040 to discuss your situation.

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