Social media has become the standard way that people share important news about their lives. People announce engagements and pregnancies online. They may also eventually turn to social media to inform their loved ones of an upcoming divorce.
While social media can be quite useful for those who want to avoid repeatedly having the same conversations, it also creates unique risks for those who regularly post about their lives online. Divorce is a time when someone is uniquely legally vulnerable. There are some important lessons that people need to learn when concerning social media use during a divorce.
What to do on social media
One of the first things spouses do with their social media accounts after deciding to divorce is to review their list of connections. Removing or limiting access for people who may have a sense of loyalty to a spouse can be beneficial. So can the prompt removal of problematic jokes and posts someone shared previously. Tongue-in-cheek jokes about substance abuse or violence can take on a completely different meaning during divorce proceedings.
People generally need to think carefully about how their social media presence might make them look to the courts. They may also want to take a moment to review their spouse’s pages. They could potentially find some evidence online to help them prove certain elements of their divorce case.
What not to do on social media
The list of what people shouldn’t do on social media during a divorce is quite extensive. They shouldn’t go into great detail about the divorce, especially if there are still disputes with a spouse that they have yet to resolve. While venting about issues online can be cathartic, such behavior can lead to allegations of defamation later.
What someone shares online could also give their spouse a better idea of how they intend to handle the divorce process. Even private messages and content shared in non-public groups on social media could end up in the hands of a spouse. Anyone can screenshot certain details and share them with another party. Additionally, a spouse’s lawyer could ask for the right of discovery and go back over prior social media posts with a fine-tooth comb looking for anything damaging.
Oftentimes, attorneys recommend that clients do not post at all on social media during a divorce. Taking a brief break can be difficult at first but may prevent someone from saying things online that can hurt them during divorce proceedings.
People may also need to delay posting any positive messages about new romantic partners or good fortune in other areas of their lives. Bitter spouses have been known to make claims for increased support after someone gets a promotion or raise. They might also point to a new relationship as evidence of marital infidelity.
Overall, the less someone uses social media during divorce, the better. Realizing that standard daily behavior can result in distinct implications during family law proceedings may help people avoid damaging online mistakes.