These days nearly everyone uses social media to share details of their everyday lives with friends and family. While it provides a valuable way to stay connected with loved ones under normal circumstances, if you’re going through a divorce, your online activity could affect your chances of achieving a favorable outcome. For this reason, attorneys who practice divorce law recommend disengaging from social media or at least curtailing your participation until your case has been finalized. Here are a few ways posting online can have harmful consequences. 

How Social Media Activity Can Put Your Divorce Case in Jeopardy 

1. Negative Comments Can Be Used Against You 

Social media presents a quick and convenient outlet for you to share your thoughts and feelings. However, making negative comments online about your soon-to-be-ex can backfire. What you share on your accounts could be used as evidence by opposing counsel.  If you’re badmouthing your spouse, the judge may view it as a reflection on you rather than your spouse.  If your posts affect your spouse’s professional reputation, a court could determine that you deserve a smaller piece of the financial holdings due to your impact on your spouse’s earning capacity or value of their brand.  Even milder passive-aggressive comments (“some people think they can get away with lying about their actions, but the truth will always come out”) may not be explicitly referring to your spouse, but in small communities people talk, rumors spread, and posts such as that can be seen as throwing fuel on the fire.  If you have evidence of deceit on the part of your spouse, the most important forum to present it in is the courtroom to the judge or jury who will decide your case.  Spreading it over social media, even vaguely, can even cause sympathy for the wrongdoer if it appears that the social backlash created by your posts is worse than the original behavior by your ex.

2. Your Kids May See What You’re Sharing  

If your children are old enough to read or have social media profiles of their own, there’s a good chance they’ll come across any disparaging remarks you’ve made about their other parent. Even if the children themselves are not on social media, their classmates or their parents may very well be seeing your posts and discussing them with your children or with your children’s friends.  The words or images you choose to post can, and often do, get back to your children.  What you say about your ex on social media can play a big role in whether a judge believes you will encourage the children to have a positive relationship with the other parent.  One of the factors in determining which parent is awarded custody of children is his or her willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.  If the judge finds that you are not willing or able to do so, custody can be awarded to the other party if the judge believes that to be in the children’s best interest.  Why give the other side ammo to limit your time with your children?  Is venting on social media that important?

3. The Amount of Time You Spend Online Can Be Questioned

During divorce proceedings, it’s likely your soon-to-be ex-spouse and attorney will be closely monitoring your social accounts for anything that can be presented as evidence against you. If you are posting frequently and particularly at times that you would be expected to be with your children or at a job, they may attempt to claim excessive posting as proof you spend a great deal of time online instead of taking care of your kids or working (or trying to find work). This can impact whether or not you’re granted custody of children or spousal support that you say you need. Tightening the privacy settings on your profiles isn’t enough;  it’s wisest to take a break.  If you absolutely can’t resist posting something during the weeks or months that it takes to resolve your case, a funny cat video every once in a while is probably the safest bet.

While you’re in the midst of dissolving your marriage, it’s best to avoid putting personal information online if there’s any chance it could damage your case. If you’re in need of a reputable attorney to help you navigate the divorce process, contact NMS Law Firm - Nina Svoren LLC. Attorney Svoren knows the ins and outs of divorce law; what it takes to build a strong case; and has more than 25 years of legal experience. She has advocated on behalf of numerous residents of Toccoa, GA, and surrounding cities and counties and is committed to protecting her clients’ interests. Visit her website to learn more about Georgia divorce law or call (706) 282-4696 to schedule a consultation.