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Could Social Media Hurt Your Divorce?

D'Angelo & Grabow, LLP June 16, 2019

The marriage is over, and you want the world and, most importantly, your spouse to know you are not letting the situation get the best of you. The ink is barely dry on your divorce filing in Waukesha County. You go online daily and post updates, photos and videos to your social media accounts frequently throughout the day. Secretly behind closed doors, you are barely holding yourself together or feel incensed by all the drama and tension of your separation.

You may believe your online activity is not harmful or has no bearing on your divorce case, but it could. Regardless of who your audience is and your intent, your online actions could provide your soon-to-be ex-spouse with the fuel she or he needs in the divorce to claim the desired outcome. Before you post that next status update or make a comment on a friend’s post, consider the following information about the potential impact of social media impact on your divorce.

The Facts Do Not Always Prevail

Many people have a different persona they share with their friends, family and the world on social media. You may share photos and videos of you out partying and enjoying your newfound freedom. However, your oversharing could prove disastrous in a child custody dispute. Your ex-partner could find out personally or from a mutual friend about the content and use it as evidence to discredit your character and parenting behavior.

It does not matter if the claims are true or that you were posting those kinds of videos out of spite. As long as the other person did not gain access to your social media activity or the evidence through an unlawful manner, the courts can use it. In divorce court, your online activity is discoverable and may become evidence to impinge your credibility.

Your online activity can become fair game in divorce. No matter how well you believe you know your soon-to-be ex-spouse, you truly do not know if he or she will stoop to using your social media and online activity to get a favorable result. Play it safe and protect your privacy by exercising discretion or avoiding social media until the judge finalizes your divorce.