Tips for Using Social Media During Your Divorce

For many of us, social media is a part of our everyday lives. From birthdays to graduations, vacations, and promotions, we share a lot of personal details online for our “friends” and the world to see.

Even though social media may be a part of your daily life, you should be exceptionally careful about how and when you use it during a divorce. In some situations, what you post online can be harmful to many aspects of your divorce proceedings. For example, one of the first places attorneys go to investigate the opposing party in a divorce is various avenues of social media.

Divorce can be complicated in itself and a party’s use of social media during the process can make things messy. If you need input from the online world or a proverbial “soap box” on which to vent, it may be best to log off, stay off social media and keep a personal journal until your divorce is finalized. You can continue to use social media during your divorce with extra thought and care that everything you will post there is likely to come before a judicial officer or at least be scrutinized by the opposing attorney.

Below are some helpful tips for using social media during your divorce.

1. Never write anything that you would not want to be read out loud in a court of law.
2. Do not discuss your divorce on social media.
3. Do not badmouth your former spouse, the judge, or attorneys on social media.
4. Do not try to provoke anyone with your posts.
5. Do not post or allow yourself to be tagged in inappropriate photos or posts, or posts that may appear contrary to your position taken in your case.
6. Change your passwords for your social media accounts, e-mails, phones, computers, and other electronic devices.
7. Monitor your children’s social media use particularly during this time; do not allow them to discuss what is going on in their lives.

When it comes to social media, as with most written communication, when in doubt–leave it out.

Remember that communications to your spouse and others can be admissible in court and used against you, not only during the initial divorce proceedings but in the future as well. This includes text messages, e-mails, and other forms of messaging. Anything you have published on Facebook, Instagram, Twitter, TikTok, and other online platforms can become evidence in your divorce case or can even come back in the future. Even when posts are deleted, it is almost impossible to remove them from the internet entirely.

These simple steps can make a substantial difference and help reduce conflict in your case. An experienced family law attorney can help you navigate using social media and help you understand the issues it may create during your divorce or separation.

Natalie Kay
Partner, Family Law
Kelley Kronenberg-Fort Lauderdale, FL.
(954) 370-9970
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Tracy Newmark
Partner, Family Law
Kelley Kronenberg-Fort Lauderdale, FL.
(954) 370-9970
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DISCLAIMER: This article is provided as a courtesy and is intended for the general information of the matters discussed above and should not be relied upon as legal advice. Neither Kelley Kronenberg, nor its individual attorneys or staff, are responsible for errors, omissions and/or typographical errors – always seek competent legal counsel.