Could your post on social media affect your divorce? Yes! Going through a divorce is stressful enough. Now couples must worry about how their social media posts could harm them.
According to the National Law Review, 81 percent of attorneys discover social networking evidence worth presenting in court during a divorce. Sixty-six percent of all divorce cases use Facebook as a “principal evidence source.”
Not only can social media potentially harm a relationship, ultimately causing a divorce, but it can also become evidence during a divorce.
Your Social Media Posts Can be Used Against You in Divorce
Generally speaking, whatever you post on social media platforms can get used against you during your divorce. The only exception is if your ex or their lawyers obtained the evidence illegally.
In other words, while your spouse may not hack into your account, if your account is public—like most are—then anything in your posts is fair game. And, even if you are diligent and your account is private, a friend could re-post or re-share a photo or text you posted, which can then get used against you in court.
A Social Media Post Can Impact Child Support, Spousal Support and Asset Division
When looking for incriminating evidence, your social media account is one of the first places your spouse’s lawyer will look. A seemingly harmless social media post can negatively impact asset division, spousal support, and child custody. Consider the following when determining whether you should post on social media while going through a divorce.
- Posting Best Memories. Most of us tend to post our best moments on social media rather than our worst. It’s human nature to want our friends and family members to see us at our best—during our happy times. Unfortunately, if you post a photo of you and your friends having a great time on your new boat, you could find yourself with higher spousal support and/or child support payments.
The theory is that if you can afford a new boat, you can certainly afford to support your ex-spouse and children. Even if your spousal support or child support is set, if you post on social media about your great new job, your ex could file for a modification of payment based on your new salary. - Drinking and Partying. Never, ever post photos of yourself partying or drinking. As harmless as it might have been, that photo could come back to haunt you as you seek custody of your child. Yes, perhaps you were just having a beer with friends, but that is certainly not how your spouse’s lawyer will present it. They will try to paint you as someone who has wild parties and should not have custody of your child.
- Negative Comments About Ex. In the same vein, never speak negatively of your ex online. Divorce is frustrating at best. However, do not give in to the temptation to trash your ex online. A judge could find that because you publicly spoke ill of your ex, you would likely do the same with your children. In short, the judge could deny you custody over a simple venting of emotion.
Other things to remember about social media during your divorce and afterward include:
- Talk to friends and family members about re-posting your social media posts or even tagging you in a post of their own
- Never trust privacy settings on FB, Instagram, Twitter, and other social media sites. They are not nearly as secure as you think. Deleting harmful information does not guarantee a meticulous lawyer or investigator cannot find it.
Both your reputation and your divorce case are at risk if you are not cautious regarding social media postings. Talk to your Georgia family law attorney regarding social media if you think there is anything that could hurt you. It is easier for your attorney to get ahead of the issue if they are expecting it and not blindsided.
Contact Our Georgia Divorce Lawyers
At Hobson & Hobson, P.C., our divorce attorneys can help you navigate the difficult waters of divorce. We know the tricks attorneys use to help gain leverage in child custody and support cases. We fight aggressively to protect your interests and your future at every turn.
Don’t let a social media post wreck your case. However, don’t delete anything from social media without first speaking with our law firm. We can prevent you from making costly mistakes on social media, while protecting your rights during a divorce.
Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
