“Unfriending”: Social Media Use in a Divorce Case 

Facebook, Twitter, Instagram . . . in 2019, it is difficult to find someone who does not use one or more forms of social media, at least occasionally. Are these apps or websites that you find yourself using? If so, and if you are going through a divorce case, it is crucial to be sure that you are using social media in a smart way, or perhaps not at all— because social media is often an issue in a divorce case. Attorneys and litigants alike are often savvy with social media, checking the accounts of their opponents, and they can often use what they find as ammunition in litigation by introducing what they find into evidence.

Social media use can be brought up many ways in a divorce case: photos taken during your parenting time may be used to question your parenting ability, a “check in” for a vacation you take with a new significant other may be used to show dissipation, or a status update you make disparaging your spouse may be used against you, to name a few. These examples can all come into play if they fall into the hands of your soon-to-be ex. These types of social media posts, no matter how innocent they may seem to you, can be used to paint you in a negative light in court and can cause serious damage to your case. It is important to keep in mind that even when you delete a post, it is near impossible to erase your social media history for good.

Because of this, think very carefully before you make a post, and be mindful of your audience. If you must use social media, a good guideline to consider is to refrain from making any post that you would not want your judge, or opposing counsel, to see. It is never a bad idea to privatize your accounts, and it is smart to take stock of your “friends list” on these accounts, and “unfriend” anyone who may share posts with your soon-to-be ex behind your back.

In most instances, the best move is to either temporarily suspend your social media accounts until the divorce case is finalized, or to delete your accounts, altogether. This way, you can be sure that your social media use cannot be called into question or used against you during your divorce case. Be sure to discuss with your attorney your social media use early on, and get the best advice to fit you, your case, and your lifestyle.