Social Media and Divorce: Posting Dos and Don’ts


In today’s digital age, social media has become an integral part of our lives. From sharing exciting moments to expressing our thoughts, social media platforms like Facebook, LinkedIn, Twitter, Instagram, and dating websites play a significant role in keeping us connected. However, it’s essential to recognize that what we post on these platforms can have real-world consequences, especially when it comes to legal matters such as divorce and family law cases. In this article, we will explore why social media posts are crucial in family law cases and how they can be used as evidence during litigation.

Why Are Social Media Posts Important in Family Law Cases?

Social media platforms offer a window into a person’s life, thoughts, and actions. Many people often share intimate details of their daily lives, including family outings, personal rants, and even financial situations. In the context of divorce or other family law actions, these seemingly harmless posts can be used as evidence in court proceedings, affecting various aspects of the case such as spousal or child support, parental rights, custody, or property division.

How Is Social Media Used in Divorce Cases?

Demonstrating Parental Competence

During divorce cases, some individuals may present social media evidence to their lawyers to showcase the other spouse’s incompetence as a parent. Posts or photos depicting reckless behavior, negligence, or harmful activities may be used to argue for custodial rights.

Financial Implications

Even seemingly innocuous posts, like celebrating a promotion or buying a new vehicle, can have financial implications in a divorce case. These posts may be used to challenge claims of financial hardship or to establish the availability of funds for additional support or legal fees.

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Substance Abuse Allegations

Posts showing a person engaging in excessive drinking or other substance-related activities can be used to support claims of substance abuse, potentially impacting child custody decisions.

Location and Credibility

Location-based posts or “check-ins” can be used to undermine a spouse’s credibility, particularly if they claim to be living in a different city.

State of Mind

Posts discussing a person’s emotional state or mental health can be used to question their fitness as a parent or their ability to make sound judgments.

Impact on Co-Parenting

Family courts consider the level of respect and cooperation between parents when making child custody orders. Negative or disparaging posts about a spouse may raise concerns about a person’s ability to co-parent responsibly.

Tips for Navigating Social Media During a Divorce

Refrain from Using Social Media

During the divorce process, it’s prudent to avoid using social media altogether. Any posts made during this time can potentially be used as evidence in court, even if they are later deleted.

Be Mindful of Privacy Settings

Assume that anything you post on social media may become public. Even if you’ve unfriended your spouse, mutual friends or acquaintances may still share your posts with them.

Seek Legal Advice

Consult with your divorce attorney regarding social media usage. They can offer guidance on what is safe to share and what might have adverse effects on your case.


In conclusion, social media can have a significant impact on family law cases, especially during divorces. Posts and actions on platforms like Facebook, LinkedIn, Twitter, and Instagram can be used as evidence against a party, influencing custody arrangements, support payments, and property division. It is crucial for individuals going through a divorce to exercise caution and discretion when using social media to protect their case’s integrity and their personal well-being.

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1. Can deleted social media posts still be used as evidence?

Yes, in certain circumstances, deleted social media posts may still be retrieved and used as evidence during family law cases.

2. Should I completely avoid social media during my divorce proceedings?

While it’s advisable to exercise caution, completely avoiding social media may not always be feasible. Instead, practice discretion and think carefully before posting anything.

3. Can my mutual friends’ posts impact my case?

Yes, if your mutual friends tag you in their posts, those posts could potentially be seen by your ex-spouse or their acquaintances.

4. How can I protect myself on social media during a divorce?

Consult with your divorce attorney and refrain from posting anything that could be used against you in court.

5. How does social media usage affect co-parenting?

Family courts consider how parents interact and communicate with each other on social media as a factor in determining child custody arrangements. Negative posts can raise concerns about a person’s ability to co-parent effectively.

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