Can My Social Media Activity Be Used Against Me in Divorce Court?

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Can My Social Media Activity Be Used Against Me in Divorce Court?

June 24 2023
By Virginia Family Law Center

Do you use Facebook, Twitter, Snapchat, Instagram, or other social media sites often? If so, you are not alone. Statistics show that nearly 60% of the world’s population uses social media. People spend roughly 2.5 hours on social media sites every day. That is a lot of time spent uploading photos or seeing what your friends and family have been up to.

However, if you are going through a divorce, you need to be mindful of your social media use. That is right — what you post online can be used against you in court. Your spouse’s lawyer will be digging up dirt on you so they can get a better outcome in the divorce. 

That is why it is recommended that you stay off social media until you receive your divorce decree. Here are some ways in which using Facebook can harm you during the divorce process. 

It May Show Proof of Adultery

If your Facebook photos show you with another man or woman before the divorce, then it might signal infidelity. Some judges may look at that unfavorably, especially if you used marital funds to financially support your affair. 

It May Show Irresponsible Behavior

Photos or posts about you partying, drinking, or doing drugs can signal irresponsible behavior. This can be detrimental to you in a child custody case, and you may be denied custody. 

It May Show Reckless Spending

If you’re crying that you did not receive enough assets in the property division, yet you are on Facebook flaunting cash, pricey vacations, or new cars, then the judge is not going to look at that favorably. They will accuse you of being irresponsible with money and likely award you fewer assets.

Nothing is Private

Social media is not confidential or private. Even if you have adjusted your privacy settings, you can bet that someone can still find out what you have posted. The truth will come out one way or another. And anything on social media is admissible in court. Whether you have posted on Facebook, Twitter, Instagram, Snapchat, or any other site, it can be used as evidence in court. 

You will have to face the things that you have said and done on social media. The best way to avoid this is to refrain from posting information on social media during the divorce process. If you need to vent and badmouth your spouse, do it offline with a trusted confidante. 

Contact Us Today

It may seem odd that your social media use can affect your divorce outcome, but it is true. Your Facebook and Instagram posts can give lawyers and judges a lot of information about your life, and this does not always bode well in divorce and child custody cases.

The team at Virginia Family Law Center can help you with your divorce. Our family law attorneys can give you the right advice for a favorable outcome. To schedule a consultation, call (703) 865-5839 or fill out the online form.

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