Family Law Tips: Avoid Social Media

Should You Use Social Media During a Divorce?

When going through a difficult family law matter, such as a divorce, you may wonder what role your social media accounts may play. You may also want to know if it’s okay to stay active on social media during your divorce or while your family law issue is in process. These are great questions to ask, as social media can majorly impact the outcome of your family law matter.

Family law issues that may be affected by social media use:

  • Divorce
  • Custody
  • Alimony
  • Child support
  • Property division
  • Post-divorce modifications
  • Custody modifications
  • Support modifications

You should always assume that any legal issue you are dealing with has the potential to be impacted by your social media activity.

It is very easy for a seemingly innocuous post to be misconstrued or manipulated to suit someone else’s agenda or narrative about you. As such, we always recommend you disclose your social media accounts to your attorney and talk with them about how you should proceed (or not) with your social media activity while your case is in process.

Keep reading to learn how social media activity can be used against you in a family law matter.

How Can Social Media Make a Difference in a Family Court Issue?

Though most people these days have social media accounts, it is important to consider how your social media usage may hinder your divorce or custody case. Many people are surprised to learn that it is not just what they post that matters. When it comes to social media, everything from text posts and pictures to metadata and location information can be used as evidence against you in a family law case.

Examples of social media content that may be problematic for a family law case:

  • Comments about your ex
  • Comments about your shared children
  • Pictures of your shared children
  • Comments about your divorce or other legal matter
  • Negative interactions with your ex or others

It’s also important to remember that things like location, dates, and times of posts can also be used to create a narrative about you (this is called metadata). This includes data associated with posts you are tagged in or comment on, not just things you post yourself. For example, if you post a photo out at a party with a friend at a time when you have custody of your children, your ex could potentially use this to spin a false narrative that you are a neglectful parent.

Review our blog, “Why Social Media Can Be a Minefield During a Divorce,” to learn more.

What Can You Do with Your Social Media Accounts

If you have social media accounts, it is important that you are very cautious about how you use them while dealing with a family court issue. If you are ever unsure about posting something, it is always better not to post. In general, the less you post on social media, the better. However, this doesn’t mean you must delete your social media accounts. In fact, in some cases, deleting social media accounts may create its own problem.

How to manage your social media during a divorce:

  • Do not use social media to vent about your ex or your case
  • Do not post about your children or share photos of your children
  • Do not post photos of information about where you are or what you are doing

In general, it is recommended that you dial back your social media sharing, and only post things that are necessary and/or completely unrelated to your case, your former spouse, or your children. If you have to maintain a social media account for your job, it is recommended that you keep things entirely professional.

Have questions about managing your social media account during a divorce or custody dispute? Reach out to the Law Office of Alexandra White, PC for guidance. Our legal team is standing by to help.