Social media isn’t a tool to vent when you’re going through a divorce. You’re under a lot of scrutiny throughout that process, particularly with a divorce that’s contested or involves a custody battle or property dispute. It’s wise to take a break from social media during the divorce. If you must stay connected, follow my Dos and Don’ts of Social Media and Divorce.
When it comes to social media and divorce, Do:
- Be honest about what you’ve posted on social media. If it’s something negative or a post about your former partner, let us know. We’ll need to prepare for what the other side of the case might see. No matter how harmless you think your post is, we should know about it. Even an innocent post or photo could be dissected and become part of the case.
- Limit who has access to your social media posts. If you two have mutual friends, that may not make a difference. Still, do what you can to limit who views your posts during this time. Account settings allow either public view, friends, friends of friends, or private. Use the options to limit post views to friends.
- Find out what the other party in the divorce is posting. It could be information we can use in the case against them.
If using social media during your divorce, Don’t:
- Don’t post about partying or excessive spending. Attorneys gather much of their custody and child and spousal support case information from social media. You will also have limits on spending until the divorce is final. Sometimes attorneys use social media to see if your stated grounds for divorce are valid. To be safe, don’t post anything you wouldn’t want the Judge or 12 jury members to see.
- Don’t delete previous posts you have concerns about. Deleting your history of posts can cause more damage. It’s considered spoliation of evidence and could result in penalties. Leave it as is and be careful what you post going forward.
- Don’t create a dating profile while going through a divorce. This seems like an obvious one, but for some it’s not. Even if you’re separated from your spouse, you are still legally married.
Social media has changed the way divorce proceedings are conducted. Attorneys use social media postings to obtain evidence on a person’s lifestyle and character. Keep this in mind when using social media during a divorce. Limit your posts but also look for information on the other party to help us build a case.