The advent of social media has been a significant factor in many divorces, as couples argue about online relationships and search platforms for evidence that their partner has been unfaithful. In addition, excessive time on social media can erode the quality of a marriage. If you are considering divorce or have been served divorce papers, it is critical to avoid sharing personal information on social media platforms such as Facebook, X, Instagram, or YouTube. Digital media is easily accessed by friends, friends of friends, and the legal system. Even private messages can be accessed through legal channels. If you are engaged in a contested divorce, you can be certain that your spouse’s lawyer scrutinizes your social media posts for evidence to benefit their case.
Trusted Divorce Lawyer in Flagler County, Florida
At McGee Law, PLLC, our experienced Palm Coast divorce lawyer provides valuable insights on social media during divorce, whether you plan to temporarily deactivate your social media accounts or wish to keep them active. We know that social media can shape the outcome of legal battles. Even seemingly innocuous posts can influence a court’s decision on custody arrangements and your fitness as a parent. Claiming financial hardship in court is contradicted when there are posts of lavish spending and actions. Hidden assets are often found in digital media posts. These reasons underscore the need to approach social media usage with caution. Your online presence should support your case.
Common Social Media Mistakes During Divorce
- Negative comments about your spouse, children, and other family members
- Irresponsible behavior, such as drinking or drug use
- New romantic relationships
- Sharing your thoughts or comments about the divorce proceeding
- Posts about your finances or purchases
- Photographs of large purchases or trips
If you continue posting during the divorce, limit who can see your posts by reviewing your privacy settings and consider “unfriending” your spouse. Do not accept new “friends,” as they may monitor your actions for evidence. Ask your friends and family not to tag you in their posts. Change your login credentials, as chances are, your spouse knows your passwords and can access your accounts readily.
Should You Delete Potentially Damaging Posts?
No. Deleting posts from social media can be interpreted as an attempt to hide evidence, which is called spoliation of evidence in a court of law. You could face legal consequences for destroying evidence relevant to a legal proceeding. You must consult with your attorney if you consider deleting digital evidence in divorce.
Social media companies retain deleted data on their servers. Even if you delete your entire account, there is still a record of it. Besides your account data, they also have your search history, friend requests, login dates, times, locations, devices, and comments in private groups such as Messenger. Electronic data is a treasure trove of evidence accessible with a court order. The content volume on an average social media account can potentially bring serious consequences for you during a divorce.
What About Posting After the Divorce?
Once your divorce is finalized, you may feel free to post again, but a word of caution—exercise care with your social media activity to avoid potential legal complications. Sharing photos of reckless behaviors when you have your children may fuel the fire for a custody and visitation modification. Posting the purchase of a luxury item may reveal you have assets that are not disclosed. It can quickly spiral into evidence if your ex-spouse wants the court to review your alimony and child support arrangements.
How McGee Law, PLLC, Can Help
A divorce is an emotionally charged, life-altering event, and mistakes are easy to make without the proper legal counsel. At McGee Law, PLLC, we can help you avoid the pitfalls of social media activity during your divorce. Attorney Jennifer A. McGee understands your legal challenges and will protect your interests, ensuring a smooth transition as you rebuild your life.
Contact McGee Law, PLLC, to book a Free Consultation with our Palm Coast, Florida, divorce attorney by calling (386) 320-7300 or completing our online form. We provide representation for all matters related to divorce and paternity, as well as estate planning, estate administration, business formation, and business management. Call today for the legal guidance and support you need for peace of mind.
