Emails, text, direct messages, Facebook, LinkedIn, Instagram, Twitter, online dating apps, and other forms of social media can be used for a variety of purposes in your divorce case. Social media is used more and more often in determining division of marital assets, child custody and parenting time, child support, and spousal support. According to the National Law Review:
- 81 percent of divorce attorneys discover social media evidence that is worth presenting in court;
- 66 percent of divorce cases use Facebook as one of the primary sources of evidence; and
- One out of three legal actions in divorce cases is caused or complicated by social media.
What Not To Do On Social Media During a Divorce
Social media plays a large role in our everyday lives. The average user spends nearly two and a half hours per day on social media, according to Medium. Social media can play a large role in your divorce too, if you are not careful. Below are a few examples of what NOT to do, as certain actions that seem like evidence gathering may, in fact, be illegal or could actually hurt your position in a custody case.
- Do not write poorly about or defame your spouse on social media;
- Do not post about your divorce before it is widely known among your family members, friends, and particularly children;
- Do not install spyware on your spouse’s device or log into their social media or email accounts without their permission to dig up dirt or keep track of their whereabouts;
- While creating a false, and better, version of one’s reality is what social media is often used for, do not do this during your divorce;
- Bragging about a new job or vacation can be used against you to show that you are financially better off than you actually are;
- Do not post pictures with your new significant partner or with your new partner and your children; and
- Do not post pictures or other media that depicts your drinking, consuming illegal narcotics, or anything else that could be used to argue that you are an unfit parent.
If you have questions about how social media affects you case, contact one of the attorneys at Jill Brittle Family Law Group for a consultation.