Divorce and Social Media

Jennifer C. Hughes

Author: Jennifer C. Hughes

POST DATE: 9.23.16
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Pin it…Text it…Post it…Tweet it…You Tube it…Whatever your favorite platform for online communication, make sure you are aware of the pitfalls many fall into when participating in social media while going through a divorce.  

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 maintenance.  With knowledge, thought and privacy, you can keep your online posts from adding fuel to an already stressful and emotional situation.

  1. Knowledge.  Make sure you fully understand the social media site you are signed onto and using.  For instance, many users do not realize that certain camera/photo applications are more than for merely taking photos.  Many apps that you download to your phone or tablet are actually social media sites where you can follow other users and they can follow you.  You may sign up for a site and not realize that it is a social site when simply downloading the app and registering yourself.
  2. 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.  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.
  3. Privacy.   Check out the privacy settings on each social media site and make sure they are set to only allow your 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.)  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. 

Should you find yourself in need of legal assistance, contact us to discuss how we can help you and your family.

For more information about Jenni and her practice, please visit her profile