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Smart Sharing
Five ways that social media can impact your divorce.
By Sarah Darnell
Most people have some sort of social media account. In fact, many people
have multiple accounts. We all know those people who post every moment
of their day, from what they eat to where they go and who is with them.
Your social media posts will more than likely be used as evidence,
either for or against you, at a hearing or trial in your divorce case.
Therefore, it is important to keep these five things in mind when
posting on social media when contemplating a divorce or in the process
of a divorce.
Creating Evidence Against Yourself
Every time
you post something on social media, you could be creating evidence
against yourself. Often in divorce cases, the opposing party uses
photographs, posts, or messages as evidence in the divorce. This
evidence is frequently obtained directly from your social media account.
For example, photographs of you on a night out drinking and partying
when the children are in your care will most certainly be used against
you in your divorce case. Before you post something on social media, you
must consider how it could be used against you in your divorce. When in
doubt, don’t post.
Creating Evidence That Benefits Your Case
Just as
your social media posts can have a negative impact on your case, they
can also benefit your case. If there are children involved in your case,
it could be beneficial to post photographs of you with your kids. This
evidence can be used in your case to show your level of involvement with
the children. If there is a dispute regarding whether you attended an
open house at school or an extracurricular activity, photographs or
check-ins on your social media that can place you at these events could
be helpful to your case.
Impact on Court-Appointed Experts
In addition to
your social media posts being evidence at a trial or hearing, they will
also be provided to court-appointed professionals involved in your case.
If the court orders a child custody evaluation, a psychological
evaluation, or a substance abuse evaluation, your social media account
information will be provided to this expert to consider. For example, if
you are ordered to submit to a substance abuse evaluation, the posts of
you with alcohol will very likely be provided to the expert conducting
the evaluation.
Don’t Repeat Because You Can’t Delete
If you have
photographs or posts on social media that contain negative information,
you cannot delete the posts. Most counties have standing orders that
prevent you from deleting any information from any of your social media
accounts during your divorce. If you have potentially negative evidence,
the best way to deal with it is to start posting photographs that are
positive. You may want to post photographs of you with your children or
of you in the community doing volunteer work.
Be Smart About What You Post
When you are going
through a divorce, everything you say and do is placed under a
microscope. The opposing party is looking at your social media even if
they are not a “friend” of yours on Facebook or if they do not follow
you on other social networks. The opposing party knows how to gain
access to your social media accounts and could ask you to produce your
social media account content. Simply stated, be smart about what you
post.TBJ
SARAH DARNELL
is a family law attorney with KoonsFuller with extensive litigation
experience with cases involving divorce, child custody and visitation,
property and asset division, paternity law and parentage, pre-marital
and post-marital agreements, modification and enforcement of court
orders, and collaborative law. She is certified in family law by the
Texas Board of Legal Specialization.
