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Can social media be used as evidence in a divorce? 

On Behalf of | Aug 9, 2021 | Divorce

If you’re ending your marriage, you may be tempted to post about it on social media. Maybe you’re looking for a place to vent. Maybe you just want to keep your friends and family aware of what’s happening in your life. 

Whatever the case, be careful about what you post. Remember that these are public posts and can be used in court if this evidence is needed for your divorce case. This is becoming more and more common, and Facebook is one of the main places where evidence like this can be found. 

How would it impact your case?

The impact depends on what you post and the specifics of your case, but it could influence things in many ways. 

For instance, your ex may argue that you travel too much to have custody of the children. You may contest that, while you travel sometimes for work, you’re mostly at home. If your social media shows you checking into new cities and airports every week, though, your ex could use that to support their case. 

Social media allows the court a window into parts of your personal life that you may not feel comfortable with. Are they going to use pictures of you partying with your friends as evidence that you’re not a responsible parent? It may feel unfair — and it may be unfair, as you can certainly be a wonderful parent and also have fun with your friends — but these things do paint a picture for the judge. You don’t want to do anything to alter their perception of you in a negative fashion. 

A divorce case like this can be contentious and may feel frustrating as you fight for your rights. Be sure you know what legal options you have when your divorce gets complicated or contentious.