Posts, Tweets, Reels, Stories…Whatever your favorite platform for online communication, make sure you are aware of the pitfalls when participating in social media while going through a divorce.
It is tempting to feel that what is posted to social media is temporary or changeable. We turn on “disappearing mode” or we double check the privacy settings. Regardless, social media outlets have become a significant source of evidence used in divorce and custody cases. Soon to be ex-spouses are using each other’s posts, tweets and photos to demonstrate alleged bad behavior in Court relative to divorce, custody and finances. With knowledge, thought and correctly applied privacy, you can keep your online posts from adding fuel to an already stressful and emotional situation.
- Knowledge. Make sure you fully understand the social media site you are signed onto and using. For instance, many users do not realize that how, or for how long, their media is stored or available to others on the platform. Some apps allow you to share with only certain groups versus all users that you “follow” or who may “follow” you, and it is critical to know with whom you are actually sharing your content. Though you may have “unfriended” your spouse, a fully public post could be viewed, and saved, by him or her if shared by a user who remains a mutual friend on the site. In short, make sure you know the mechanics of your app or platform of choice.
- Thought. Be mindful and think about what you post before you hit “post.” Things you post, whether a status update, tweet or photo, can be subject to court subpoena or the discovery process (the exchange of information relative to the divorce). Even if you think you have deleted the post/update/photo from your social media site, skilled IT professionals can still find the removed posts. You should also monitor your friends’ posts, as they may “tag” you in a post which unintentionally casts you in a bad light. The general rule of thumb: Don’t write or share something on the internet unless you would be comfortable with your grandmother reading it out loud…or…well, a judge.
- Privacy. Check out the privacy settings on each social media site and make sure they are set to only allow your friends – or even a limited list of friends – to view your posts. (As a side note, make sure your “friends” are actually your friends…and not also in your soon-to-be Ex’s social circle.) Most apps allow you to set privacy settings by individual post to allow for certain information to be shared with an even more limited group. Remember to keep other data private to, like location: many social sites allow you to disclose your location when you upload images and post status updates. This can be problematic if your soon-to-be Ex is your “friend” or is “following” you on social media, as you may not want him/her to know your every move.
We’re Here to Help
Our team is here and ready to help you navigate the complexities of divorce, including how social media activity may impact your case. Whether you have questions about protecting your interests, custody, child support, or other family law matters, CCHA’s family law attorneys will guide you with care and experience. We serve families across Indiana, with offices conveniently located in Zionsville, Fishers, Noblesville, Westfield, Tipton, Fort Wayne, Crown Point, and Boone County.
Contact us to schedule an appointment.
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