A significant percentage of adults are active on at least one social media platform. They may use social media to stay in touch with friends and family and to track world news. Social media offers many advantages, such as instant access to information and the ability to publicly share important personal stories.
Unfortunately, social media can also be a major stumbling block for people facing various legal issues. For married individuals about to divorce, social media can be a minefield of prospective hazards. What people say on social media during a divorce can theoretically impact the outcome of their divorce proceedings.
Social media can provide evidence during divorce cases
Those facing contested divorces often look for evidence supporting their claims of financial misconduct, unstable behavior or marital infidelity. Social media can be a treasure trove of evidence.
From pictures where other people tag a user and comments to reposted memes, what people share online can alter how the courts view them as individuals and the circumstances of their marriages. Generally speaking, directly talking about any pending legal matter on social media can be a mistake.
Spouses typically need to avoid discussing the divorce until after the courts have finalized the divorce. They should particularly avoid making accusations toward their spouse, as the courts may view that as an attempt at defamation in some cases.
Additionally, people need to be careful about image management on social media. Trying to post updates about good fortune including raises at work or new relationships might complicate divorce proceedings. The other spouse or their attorney could leverage that content to claim that someone committed an extramarital affair or to influence the outcome of property division proceedings.
Even what people share privately in non-public groups or direct messages can end up as evidence in a divorce. Other parties can provide screenshots to a spouse or their attorney. If lawyers seek access to social media records as part of the discovery process, information that might otherwise be completely private to come to light.
People often benefit from completely ceasing activity on social media or deactivating their profiles until they complete the divorce process. Avoiding any discussions of the divorce or disclosures about personal circumstances is the bare minimum for personal protection online during a divorce.
Realizing that seemingly innocent content can negatively affect divorce outcomes can help people preparing for divorce proceedings. Social media can be more harmful than helpful for those going through a major life transition.