Technology, Evidence & Divorce – Let’s Talk About Your Social Media Posts

As our lives become increasingly virtual, so does the evidence in divorce cases.  In a prior blog post, we covered the impact of text messages on legal divorce cases.  After all, it’s the way most of us communicate these days.  Today we are going to cover social media, the place where many of us broadcast our lives to friends, family and the public at large.  It should come as no surprise that social media posts play a role as evidence in divorce cases.

Your Social Media Posts

I always caution clients to be careful when posting to social media.  Even if they think their post is innocent, it could come back to haunt them in divorce.  That is not to say they shouldn’t post at all, but to simply be mindful when they do.  For example, a post of a girls’ night out to dinner or a bar may be completely innocent and, frankly, much needed self-care.  However, posts with alcohol can be used to support allegations that a person has a drinking problem.  Or, if it’s on a night when you have the children, it could be argued you aren’t spending time with them. Again, this isn’t to say you shouldn’t post to social media if that’s an important part of your life, but be mindful when you do.  In any case, it’s always a good idea to make profiles private and limit who can see your posts.

Your Friends’ Social Media Posts

Even if you are very careful about posting to social media, your friends and family may not be. Even if you don’t post at all or make your posts private, you can still turn up on social media.  Let your friends know that, because of your divorce, you need to approve any social media posts that include you.  Or, simply have a rule that you don’t want to show up in any social media posts. This isn’t the easiest objective to accomplish, but it should hopefully limit your social media footprint. Also be sure to have your social media alerts set up to let you know if you are tagged in any posts.  You can also adjust your settings to prevent people from tagging you