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Stephen Beroes, Elizabeth A. Beroes, Julie Elizabeth Beroes, and Shanice Williams
Stephen Beroes, Elizabeth A. Beroes, Julie Elizabeth Beroes, Shanice Williams

Can courts use social media postings during divorce?

On Behalf of | Nov 15, 2021 | Divorce

Our social media accounts often serve as an extension of our friend networks. We use our Facebook, Twitter, Snapchat, TikTok and other accounts to connect, share and even vent about our life happenings. Although this is often a safe and healthy platform, there are times when it is best to keep our thoughts to ourselves. One prime example: when we are going through a divorce.

Divorce is more than just a break-up. It is the end of a legal partnership. As such, the courts are generally involved at some level, even in the most amicable of splits. When going through a legal process, one party (in this case your future ex) may look for evidence to help build their side of the case. Evidence that supports their case could mean a more favorable ruling. When it comes to divorce, this could impact serious life-altering decisions like child custody, property division and alimony awards.

Does this mean I cannot use social media during a divorce?

If possible, it is generally best to avoid social media during this sensitive time. If you are unable to completely separate yourself from your social media accounts during the divorce, then at least be very cautious about what you post. Do not post anything that your future ex-spouse could use against you in the divorce. Remember, even with privacy settings engaged nothing we post online is ever truly private.

As an extra note, if you have children, psychology experts recommend putting some focus into monitoring your children’s social media habits during the divorce. This can give you insight into how the divorce is impacting the child and may provide an opportunity to better address their concerns.

Is it legal for my future ex to use social media postings as evidence during divorce?

Although the exact answer depends on each individual situation, there are many cases where courts have allowed the use of social media postings as evidence in divorce cases. The prime reason courts allow the use of social media postings as evidence is the fact that these postings are made by someone who is a party to litigation, in these cases divorce litigation. Party admissions are generally admissible in court.

Each state has different rules about the right way to admit and use this type of evidence. It is important to review the process used by the other side to see if they followed these rules. If not, you could challenge the use of the evidence.