Social media is a natural part of today’s way of life. From toddlers to elders, almost everyone uses some form of social media. It offers people entertainment, information, and more ways to communicate with others. However, for those going through a divorce, you need to be wary about what you post online.
How Social Media Can Be Used in Court
Social media has increasingly been used in divorce cases. In one study, 81 percent of attorneys said they had discovered social media evidence that was worth presenting in court. Unfortunately, appearances mean everything. This is especially true when it comes to social media, and what you post online reflects who you are in real life. Even if your social presence is entirely different than the way you act in person, people may not differentiate the two.
What Not to Post
Anything you post or interact with on social media can be used against you in court. Here are some common posts that can hurt your divorce case:
Anything that shows you have more money than you are claiming.
If you are going on trips or you’re constantly purchasing expensive items and posting about it on social media, you might want to stop. If you are trying to win spousal support or child support, a judge might see these posts and decide to award you less. In their eyes, you have more than enough support and don’t need anymore.
Additionally, don’t post about any jobs or promotions you’ve received. It can be tempting to update your LinkedIn with this information, but it could also be a reason for the court to decide you need to pay more child support or spousal support.
Anything that shows bad parenting behaviors.
This is crucial if you are involved in a child custody dispute. If you are going out partying with friends, do not post about it. Posts like these can be used as extremely incriminating evidence against you in your child custody case.
You also need to watch out for others posting photos of you. If you are at an event that can be misconstrued as anything but what it is, make sure you are not in those photos. A majority of the time, photos are shared on social media, and if you are seen in these, your ex can use the picture out of context as evidence of why you are not a good parent.
Talking Negatively About Your Ex
When you write something negative about how unfair you think your ex is, you can be painted in a negative light. It doesn’t matter if it is true, in the court’s eyes, you could be seen as not being cooperative.
Additionally, if you are fighting for custody of your child, speaking badly about your ex can be detrimental to your case. The court wants what is in the child’s best interest. Typically, this involves the child having both parents involved in their child’s life. If you post negative remarks about your ex, you are showing that you cannot get along with them. To a court, this could be seen as hindering the child’s relationship with their other parent.
What You Can Do on Social Media
When you are going through a divorce, it’s a good idea to do a social media audit. Go through your friend list and unfriend anyone who is on your potential ex-spouses side. You don’t want that person to go telling your ex about everything you are posting. Additionally, it’s wise to update your privacy settings and make sure your posts are not public. Anyone can access your entire social profile if it is not set to private.
It’s okay to update your friends and family that you are getting a divorce, but leave out the details. The less you share, the better. If you and your ex are still on speaking terms, it might be best to discuss this with them, so you both know that you will be sharing this news on social media.
Concerned About How Your Social Presence Might Affect Your Case?
If you are worried about anything you have posted on social media or feel that your spouse might be posting something online that could affect your divorce case, do not hesitate to reach out to an Austin divorce attorney. At Benouis Law, we can guide you through your divorce or family law matter so you can stay focused on taking care of yourself and your family’s needs.
Call Benouis Law at 512-764-3932 if you have questions about your divorce case.