Social Media Do’s and Don’ts During Divorce

Social media and divorce don’t always mix well. While many people take to platforms such as Facebook, Instagram, Twitter, and other social media to provide their friends and family members with updates about life events, your divorce case is not something that should be discussed on them. In addition to refraining from commenting on the court process, you should avoid posting any photos or comments that could inadvertently harm any aspects of your case. It’s vital to keep the following social media tips in mind when you’re going through the divorce process to avoid any negative impact.

Social Media Do’s During Divorce

If you decide to keep using social media during the course of your divorce, do so cautiously. Remember that everything you post can potentially be discovered by your spouse and used against you in court. Here are a few “do’s” for social media and divorce:

• Do Consider Privatizing Your Account — During the divorce process, it’s best to ensure your social media accounts are set to the highest privacy settings. Be sure to take every precaution possible to protect your social media platforms. Don’t allow yourself to be tagged in other people’s photos or posts. It’s also a good idea to change your passwords.
• Do Think About Deactivating Your Account — When you set your social media accounts to private, it doesn’t always mean your account cannot be discovered by your spouse or their attorney. You might want to consider deactivating your account during the divorce process if you will be tempted to post.
• Do Remove “Friends” Who Don’t Have Your Best Interests in Mind — In addition to removing your spouse from your friends or followers list, remove any of their friends or family members who do not have your best interests in mind. By removing your spouse and the parties associated with them, you are not only taking a step to protect your social media, but you can help eliminate certain emotional triggers.
• Do Remember that Social Media Posts are Forever — One of the biggest mistakes a person can make when it comes to social media and divorce is posting something about their spouse in the heat of the moment. If you have a lapse in judgment and later delete the photo or a comment, it’s essential to understand that it will exist infinitely on the internet. Even private messages can be discovered by the other side and come back to haunt you during the divorce process.

When in doubt with social media and divorce, don’t post. If you must post, keep it positive and stay away from the topic of your divorce. Ask friends and family to refrain from posting about your divorce or tagging you in any photos that might negatively affect your case.

Social Media Don’ts During Divorce

Social media platforms can provide the other side with a significant amount of evidence in your divorce case. Depending on the facts of your case, your soon-to-be ex-spouse’s attorney may look to your social media profiles to find posts, photos, and any other information that can be used against you. For example, they may take photos showing you on vacation out of context and argue that you don’t need the financial support you’re claiming. Or, they may try to find photos that depict you as an unfit parent.

Here’s what you should not do when it comes to your social media and divorce:

• Don’t Delete Your Profile — Although it might be tempting, don’t delete your social media profiles, messages, or photos when your case is ongoing. Social media profiles are often sought in discovery and deleting your account or any posts may constitute spoliation.
• Don’t Badmouth Your Spouse on Social Media — Emotions run high when a marriage is ending, and many people might want to express their hurt and anger on social media. One of the most important rules when it comes to social media and divorce is don’t badmouth your spouse. Doing so will only hurt you, not them, especially if your case involves child custody matters.
• Don’t Post About Big Purchases or Vacations — Posting photos of luxury purchases or a lavish vacation can be misconstrued by the other side. Your spouse may try to argue that you don’t need the alimony payments you’re claiming, or you have more assets than you’ve disclosed.
• Don’t Post Anything That Could Impact Your Case — Don’t post anything that could hurt your case. This includes posts about your feelings regarding your ex, your court proceedings, or disparaging remarks.

To avoid any potential issues that could arise, don’t post about your case on social media. These platforms are not the place to vent or air your grievances about your ex-spouse or their attorney, the judge, and anyone else involved in the case. Instead, it’s best to discuss your concerns with your attorney — if the court made an error at trial, you may be able to file an appeal.

Contact an Experienced Utah Divorce and Family Law Attorney

If you have questions about social media and divorce, it’s essential to consult with an experienced divorce attorney to avoid any pitfalls that could impact your case. Based in Salt Lake City, BartonWood provides skillful counsel to clients who are facing divorce and family law matters. To learn more about our legal services and how we can help in your case, call (801) 326-8300 or contact us to schedule a consultation.