Most adults use social media to connect with family, friends, and business contacts daily. While the psychology of receiving likes, positive comments, and reposts or shares is undeniable, oversharing can cause unnecessary and avoidable trouble—especially if you are going through a divorce. If you are wondering about the pitfalls of social media and divorce, as well as how it can affect your divorce case, the Pearland divorce lawyers at Terry & Roberts can help.
Why Does It Matter What I Post Online?
We do not have to tell you that divorce can be complicated, but even the simplest of divorce cases can experience additional challenges when social media is involved. What you post online, regardless of the format or medium, can impact not only emotions but also have consequences that affect your ability to settle or receive a favorable judgment.
Social media posts are subject to interpretation based on many factors that are a part of every post you make:
- Timing of the post – If you take a photo of yourself at a restaurant at 6:30 p.m. but post it at 11:30 p.m., it may be presented as evidence that you were away from home late. Timing could impact an associated custody case or even add credibility to a claim of unfaithfulness or questionable behavior.
- Location of the post – Many platforms display where a post was uploaded. If the location is sensitive, it could be used as evidence during settlement or court proceedings.
- People in the post – Whether or not the people in your photo are known to you, your spouse may identify them and use their presence as reputational evidence against you.
- Activity in the post – Your actions in a post may be submitted as evidence. Even if unfair, they can be scrutinized and used against you.
Remember, it is not only your posts but also how you react to others’ posts that contribute to your social media presence. Sharing someone else’s post or even just “liking” a friend’s post can be used against you and impact your divorce case.
Contemporaneous issues like custody, alimony, and child support can also be impacted.
Facts and Feelings Play a Big Part in Divorce Trials
While the law is based heavily in text, divorce proceedings come with a lot of emotion. A post you write or share may seem simple and harmless but can be interpreted as complex or harmful to another person—especially your soon-to-be ex-spouse.
We always advise discretion throughout your divorce proceedings. It is all too easy to post something that captures only a single moment but appears to capture a habit or new way of life.
What Can I Do To Minimize The Problem?
Avoiding social media altogether is the simplest way to prevent your posts from impacting your divorce proceedings. Once the divorce is finalized, you can resume responsible posting. If you are an influencer or otherwise must maintain an online presence during the proceedings, there are steps you can take to minimize the risks.
- Remove old posts and interactions with outdated content.
- Review privacy settings on each account, and limit visibility to only necessary viewers. Consider removing or blocking certain followers
- Focus on purposeful content that aligns with your overall social media presence. Avoid discussing your spouse or the divorce.
- Be mindful of public comments on others’ posts,as they may be visible to people outside your network.
Auditing your social media accounts can be time-consuming, but it is important if you intend to continue posting.
Even if you reduce or stop posting during the divorce case, reviewing and removing unnecessary information from your account is a good idea.
What Can I Do About What Other People Post?
There is not much you can do about what other people post. If the information is false and harmful, you can go through the processes in place with each platform to request removal. However, this process can take time, and the platform may decide not to remove the content at all. If the post was meant to be fun or in support of you, but you believe it could be misinterpreted, consider contacting the poster directly to request its removal.
If your spouse is using social media and you have access to their posts, assess whether engaging with them is helpful or harmful. Generally, we do not find value in commenting on or reacting to a spouse’s posts during a divorce. Even the most amicable divorce cases can become more difficult due to misunderstandings on social media.
Contact Terry & Roberts to Learn More About Social Media and Divorce
Overall, avoid using social media to gossip or pass judgment to avoid misunderstandings and manage your divorce case with a clear head, fewer challenges, and as much kindness and grace as possible. Remember, what you post today may not be what you believed yesterday or will believe tomorrow—but it may still end up attached to a court filing.
Terry & Roberts is prepared to help you navigate every aspect of your divorce. Contact us today to schedule a consultation.