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Why You Should Avoid Social Media During Your Divorce


Though the urge to post “it’s complicated” while dealing with a divorce may be strong, it is important to realize that posting too much information about your divorce on social media platforms could get you in trouble during the court process. Nothing shared online is really private and while sharing our personal lives has become part of our culture, sometimes it can have a negative effect on your divorce case and can even be used against you.

This article will go over why you should avoid posting on social media during your divorce and what types of information you need to keep out of the public eye as well.

Is Social Media Information Admissible in Your Divorce Case?

Divorce is not always easy and the need to share details is not uncommon, though you will find that it can be at the detriment to your case and future if you do.

You may be wondering if your spouse can even bring up what you are saying on social media (TikTok, Instagram, Facebook, personal websites, blogs, etc.) and the answer is: absolutely yes. There are a few conditions to having it be admissible in court. Someone must authenticate the post and it will probably be the one who posted it. Contesting the validity of the post or information is always possible as well, as fake or inauthentic posts are a possibility in some more tumultuous cases.

There are some risks involved when your social media posts fall into your spouses or their attorney’s hands, such as:

  • If you are trying to get spousal support payments lowered or removed and you post yourself at expensive restaurants, buying expensive clothing or going on pricey trips, that could harm your case and show you have enough to keep paying spousal support as it stands. Posting lavish trips, purchases and meals can be a detriment to your case financially.
  • Posting behavior that is perceived as irresponsible can hurt your case as well. Although the posts may not be an accurate portrayal of your character, your spouse can spin it in an unflattering way, so much so that it could hurt your chances at obtaining child custody. If you have children, always keep them in the back of your mind while posting and generally going through the divorce as they will be aware of everything going on, especially any messy posts between parents. Venting about your ongoing divorce to the internet is never a good idea.
  • If you are continuing to use social media, you are assuming the risk every time you post, so just be very cautious and make sure you aren’t posting anything too personal through the divorce hearings. Videos, blogs, and posts can be taken out of context and used against you in court.

Messaging Can Also Be Used in Court

Private messaging, if obtained by your spouse, can also be admissible in court. Most social media platforms have ways to direct message and while you may think they are private, they can be saved and given to anyone at any time without you knowing if the other person can log into your account. Affairs, financial spending, bad mouthing your spouse, no matter what the issue is, it can be brought up by your spouse’s attorneys to help their side of the divorce case.

You can protect your information by:

  • Changing your logins and passwords regularly (avoid birthdays and well-known information).
  • Blocking your spouse and all family members who may want to share your information on social media.
  • Deleting messages may not work (double check to make sure they are really deleted and can’t be brought back up).
  • Deactivating your accounts temporarily may seem drastic, but it could help you in the long run (and you can always reactivate after divorce is finalized).

Key Information to Remember

  • When using social media during your divorce, avoid posting negative content as it could hurt your children or a loved one as well as make you look bad in court.
  • Social media can play into, and make worse, the difficulty of going through a divorce where everyone’s going through an extremely hard and emotional time.
  • Try to stay off social media for your own mental health and self-care.

Get Help with Your Divorce From the Experts at Brackin Law Firm

At Brackin Law Firm, we get the results you deserve when you need them most. With more than 40 years of experience, we provide comprehensive legal care and representation tailored to your needs and unique situation.

We focus on resolving conflicts peacefully through negotiation or mediation, but are ready to fight for you if your case ends up going in front of a judge. The best way to settle a case favorably is to prepare for trial.
Contact us today for the best legal services in Baldwin County. We are ready to help you understand your legal options and create the best case for your interests.

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