How to Be Smart Using Social Media During Your Divorce
- Social media posts can be used as evidence in a contested divorce.
- Avoid posting in anger or frustration, emotional posts can create lasting problems.
- Photos, comments, and messages can undermine your case or increase conflict.
- Protect your children by keeping divorce-related issues off social media.
- If you must be active online, think before you post!
How Social Media Matters During Divorce
If you are contemplating divorce or already going through one, social media can be a place where a simple post will create lasting problems. Sharing on social media in a moment of anger, frustration, or excitement will be seen by others and can become evidence in your divorce case.
You may assume that your social media activity is private, but that is not always true. Posts, comments, photos, videos, and direct messages can be discovered during a contested divorce and used in ways you did not expect.
Think Before You Post
Emotions run high during a divorce and you may be tempted to share personal details online. If you post complaints about your spouse or discussing private family matters, it will increase tension and make it harder to reach a settlement.
Once something is posted, it is very difficult to take it back. Even deleted content can still exist through screenshots or other records.
Posting Photos and Relationships Can Create Problems
Social media photos and interactions tell a story, whether you intend for them to or not. Pictures of trips, nights out, or time spent with a new romantic partner will raise questions and create more conflict between you and your spouse.
For example, if your spouse believes you are traveling for work, but your social media shows something entirely different, trust will quickly disappear. Those discoveries will make negotiations more difficult and increase resentment during the divorce process.
Social Media Affects Settlement Discussions
The impact of social media goes beyond what happens in court. When your spouse sees posts that appear insensitive, misleading, or hurtful, they can become less willing to cooperate during settlement discussions.
A single post made in anger will create new obstacles to settlement that did not exist before the post. When you take a more thoughtful and restrained approach to using social media, it will reduce unnecessary conflict.
Your Children Are Watching
If you have children, social media posts can affect them as much as they affect your spouse. Your children may see comments, photos, or arguments that can damage their relationship with a parent. Their friends may make comments about posts they or their parents saw, which could cause emotional harm to your children.
Whether your children are young or adults, public criticism of your spouse or details about your divorce will create emotional strain for the entire family. Protecting your children from that conflict should be a priority both during and after the divorce.
Should You Stop Using Social Media?
For some people, completely stepping away from social media during divorce may not be realistic. Business owners, professionals, and others may rely on social media to communicate with customers and promote their work.
If you need to continue to use social media, the smart strategy is to be cautious and deliberate. Before posting anything, ask yourself if you would be comfortable explaining that post to your spouse, your children, and a judge.
Contact the Law Offices of Robert J. Merlin
Social media decisions during a divorce can have lasting effects on your family relationships and your ability to reach a resolution with your spouse. The Law Offices of Robert J. Merlin help clients protect their privacy and make informed decisions throughout the divorce process. To schedule a consultation, call Robert Merlin at (305) 448-1555or contact us online.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Ave., Suite 706, Coral Gables, Florida 33134.
FAQs
Can social media posts be used as evidence in a divorce?
Yes. Photos, comments, videos, and messages posted online are discoverable and can be used during a contested divorce proceeding.
Should I post anything about my spouse during a divorce?
No. Negative comments about your spouse will only increase conflict, damage settlement discussions, and can affect your relationship with your children.
Do I need to stop using social media completely?
Not necessarily. If you rely on social media for business or professional reasons, continue using it carefully and avoid sharing personal information related to your divorce.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
