Why Should I Stay Off of Social Media During Divorce?

A man's hand holds a Iphone 13 Pro max with social media apps, against the background of a laptop.

Social media can be a great way to stay connected with friends and family members. However, there are times when social media can cause more harm than good. One of those times is during a divorce. What you post on social media during your divorce case has the potential to be used against you in court. Slowiaczek Albers & Whelan can help provide you with more information on social media and divorce.

Be Mindful of What is Posted

When you are going through a divorce, it’s important to be mindful of what you post on social media. Even if your social media accounts are private, there is always the potential for something to be leaked or for someone to take screenshots of what you’ve posted. If you make negative comments, these could eventually impact your case. While you may delete comments, posts, or photos, there are still ways for the courts to see and access this information.

How Can This Impact My Case?

What happens when you fail to be mindful of what you post? Several different outcomes and impacts on your case are possible.

Revealing Spending Habits

If you are seeking alimony or support payments from a spouse, your financial situation must be accounted for. However, if you make posts that show you spending extensive amounts of money, the courts may call your need for support into question. For example, if you take a vacation and share posts that demonstrate you spending money. This is not to say that you cannot spend money or do things during your divorce, but that you need to remain mindful of what you present on social


Changing Custody Arrangements

If you and your ex-spouse share children, a social media post could potentially impact your custody arrangement. For example, if you have posts that show you consuming excessive amounts of alcohol or other substances with friends, this could constitute proof demonstrating that you should not have your desired custody arrangement. Regardless of your intention behind these posts, they can have detrimental consequences.

Friends Can Go Against You

Did you and your spouse share mutual friends? During the divorce, they may feel the need to take sides. If this is the case, they may monitor your actions and posts on social media more closely. If you post something that concerns them, they may decide to pass the information along to your ex-spouse, eventually impacting your case in some way.

Photos Can Be Taken Out of Context

While text posts and comments are viable forms of evidence, a photo has the potential to be misconstrued or taken out of context. There are different components of a picture that can lead to assumptions being made about you. For example, where was the photo taken? Who was it taken with? What items or other things are in the photo? Does this indicate anything that could be used in court? These are all important considerations to keep in mind.

If You Use Social Media

If you decide to proceed with using social media, there are some tips you can follow to help protect your interests during a divorce.

  • Always make posts with caution. Ensure that nothing in the post could potentially impact the outcome of your case.
  • Request that your friends temporarily halt tagging you in posts they make. It is possible that these posts could damage your case as well.
  • Block or remove individuals from your profiles that may not have your best interests in mind. While this may seem drastic, individuals may be out to ensure you encounter issues during your case.
  • Make your accounts private. This ensures that you can verify and monitor who is seeing your posts during this time.

Our Attorneys Can Provide Advice

When going through a divorce, it is important to have an understanding team at your side to provide advice throughout the process. If you are filing for divorce in the Omaha area, Slowiaczek Albers & Whelan is the team for you.

Reach us today at (402) 928-2007 to schedule an appointment!

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