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What role does social media play in divorce proceedings?

Posted by Select Law Partners, PLLC | Oct 10, 2023 | 0 Comments

It's common for a person facing a life-changing situation like divorce to want to share what they are going through with their friends and family online. Yet, social media is not the place to vent or even discuss what is occurring in your divorce proceedings, as it could work against you. Social media and divorce simply do not mix. Keep reading to learn why.

Can my posts on social media affect my case?

If someone else posts something on Facebook about your case, and you do not respond, that is unlikely to impact you. However, if you post what occurred and slip up with something that is inaccurate, that could be used against you. If you post something on social media that is 100% accurate but could be construed in a different way for any reason, it could still be used as evidence in your case.

That is why, when it comes to social media and divorce, just do not do it. As your Fairfax divorce lawyer is sure to tell you, your soon-to-be ex's legal team will use anything they can to support their client's case. That is to your detriment.

What not to post on social media during a divorce

One of the most important decisions to make when going through this often intense process is that there is nothing you should post on social media. In other words, it may be best simply not to post any information on these sites, including information that seems unrelated to your legal case. Here are some instances in which social media after divorce can lead to challenges in your case:

  • Do not post anything inflammatory about your spouse, their family, their job, or their parenting style.
  • Avoid posting anything about custody or divorce proceedings.
  • Do not post anything that you may consider a “vent” – while it may feel good to get it out, it is likely to be used against you.
  • Avoid posting anything negative about your children.
  • Do not discuss new purchases or investments you have made, especially when alimony and spousal support is involved in the case.
  • Avoid posting anything about legal action or police involvement in your case.
  • Avoid posting anything that makes you seem like you do not want to parent your child.
  • Eliminate any posts on social media that share how you would or would not raise your child.

It is also a good idea to simply keep your kids off social media as well. They could share information that puts your case at risk, or worse, they may be bullied by what other people say to them from a distance.

What can you post on social media during a divorce?

As noted, staying off sites like Facebook, Instagram, and others is ideal. If you use social media for other needs – for example, you may use LinkedIn for work – you do not have to change those habits. However, before hitting that post button or responding to another person's comment, even on an unrelated post on their site, ask yourself if it is wise to do so.

Remember, people can see what you post, but they can also see what you “like” and respond to. If you're interacting with explicit or illegal content, such as liking photos of your friends doing drugs and responding “Can't wait to join!” that will not look good when you go to argue for child custody.

Our legal team is ready to guide you through this tough time

Even if you already posted information on social media or are having a very public divorce process, we can help you. Contact Select Law Partners now at (855) 541-4867. Let us provide you with a consultation to discuss your case.

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