The Impact of Social Media on Divorce Proceedings

In the digital age, social media plays a significant role in our lives, but it can also have unexpected consequences during divorce proceedings. What you post on platforms like Facebook, Instagram, or TikTok can be scrutinized and potentially used against you in court. Here’s why it’s crucial to manage your social media activity carefully during a divorce and how to protect your interests.

How does social media hurt your divorce case?

As many people know, anything placed on the internet is out there forever and can be retrieved and accessed by anyone going forward. The same goes for social media accounts. When you post on social media during the divorce proceedings, it can be found and used against you. Your ex-spouse and their attorney are likely looking at your social media accounts for any evidence relevant to your case that can be twisted and turned to fit their narrative or to paint a picture of you that could result in a better outcome for them.

How can my ex-spouse use my social media accounts against me in a divorce?

The average person spends a little over two hours on social media per day. That means there is a strong chance that you use or are active on social media at least several hours per week. While this might seem harmless, it can open the door for your ex-spouse and their lawyers to use your social media accounts against you throughout the San Antonio divorce proceedings. Here are a few of the most common ways they may do this:

• Proving grounds for divorce: Although Texas is a no-fault divorce state, demonstrating fault can sometimes influence the court’s decisions. For example, if your ex-spouse can prove that you had an affair or were otherwise unfaithful, even indirectly through social media posts, it could affect the outcome of your divorce.
• Proving that you owe them or do not deserve spousal support or alimony: When you post anything that could be used to indicate that you have a lot of money or are “well off,” these posts could be used by your ex-spouse to show that you do not need the spousal support that you are requesting. On the other hand, if they are the one who is seeking support, they may be able to show that you have the funds and financial stability to provide for them while they transition from being married to single.
• Proving that they deserve more of the marital assets: Texas is a community property state, meaning marital assets are divided between spouses. Social media posts about lavish spending, new acquisitions, or investments could be used to argue that you have misused or depleted marital assets. This might influence the court’s decision on asset division, potentially resulting in you losing out on what you’re entitled to.

What is the best piece of advice for using social media during a divorce?

To avoid complications, consider these best practices:

• Take a break: The safest approach is to pause your social media activity until your divorce is finalized. Deactivating your accounts can prevent any inadvertent posts from being used against you. If deactivation isn’t feasible, limit your posts and interactions significantly.
• Be cautious about posts: If you must use social media, be very careful about what you share. Avoid posting about personal matters, financial status, or activities that could be misinterpreted. Always think about how your posts might be perceived by someone in a legal setting.
• Monitor your accounts: Regularly review your privacy settings and ensure that you control who can view your posts. Be aware that anything you post could potentially be seen by your ex-spouse or their attorney.

Can social media also impact a child custody case in San Antonio?

Yes, social media can also impact a child custody case. For example, your child’s other parent may use a video that you posted on TikTok at a local nightclub, your Facebook check-in at the bar, or the photos you uploaded to Instagram of your collection of guns to show that your child would not be safe in your care. Judges will allow your social media posts and information to be used as evidence in family court as long as it is relevant and used to prove an argument or fact regarding your child. Therefore, if you are navigating a child custody case in San Antonio, you should think twice before posting anything on social media.

What parts of my social media should I be worried about?

There are many parts of your social media that you should be worried or concerned about when it comes to divorce and family law cases. The following can be entered as evidence against you if you are not careful:

• Photos
• Videos
• Tags
• Comments or replies
• Posts or status updates
• Likes
• Locations
• Messages
• Information from accounts on your friends list

Should I delete everything I have posted in the past on my social media accounts?

No, you should not go back and delete anything you posted in the past on your social media accounts. If your ex-spouse’s attorney sees that you have done this, they will let the judge know, which could imply that you are a sneaky, dishonest, and uncredible person. It could also look like you are guilty, hiding something, or destroying evidence that could have been used in your divorce or family law case, which could sway the results in favor of your ex-spouse or lead to legal consequences.

If you have any questions or concerns regarding your social media accounts during a divorce or child custody case, the San Antonio family law attorneys at Grable Grimshaw PLLC are ready and available to help you. While we recommend taking a hiatus from social media during a divorce or child custody case, we understand that some people need to remain in touch with their families and friends from afar or even have full-time jobs as content creators. Our team can guide and direct on what you should and should not post during this time as well as ensure you have a positive online presence that cannot be used against you in the divorce proceedings. Please call our office or complete our contact form to learn how we can protect your rights and best interests today.