The Impact of Social Media on Divorce and Custody Cases

Social media can be used for many positive reasons, but oftentimes it can negatively impact relationships. Even though it has only been in our daily lives for around a decade, social media has an influence on everything nowadays, from pop culture to divorce cases.

What Risks Are Involved: Private and Public Posts

Social media websites such as Facebook, Instagram, Flickr, Twitter and LinkedIn, and many others can highlight personal information that you thought you were sharing with close friends and family only. Having your social media set to private does not guarantee that your posts will not make their way into the wrong hands. During divorce proceedings, information such as location data, statements you publish, evidence of lifestyle and spending habits, and your relationship to any parties involved, can all be scrutinized.

It is important to remember that both private and public posts could possibly be used against you during divorce and custody proceedings. As long as the evidence from social media posts is obtained through legal means, they can be used against you. This means that if your “private” post is seen and shared with the other party, it can be used against you.

Surprisingly, editing or deleting content on your social media accounts could lead to sanctions for destroying evidence that could possibly be relevant. Any prior content, in addition to all future content, has the potential to be scrutinized in court.

Lastly, the other party may still be able to access any information on your social media platforms, even if you have them set to private. This is possible through discovery, subpoena, and other legal means.

Third-Party Content

Not only is it essential to control your own posts on social media, but it is also just as crucial to remember that any content shared by a third party can affect your case. Comments, photos, or other information posted by family or friends could hurt your case.

Case-Relevant Repercussions

Reckless social media use can have severe consequences during a family law case. Sharing photographs of travel or luxury goods or a promotion at work can be used as evidence to influence decisions on alimony, support, and asset distribution.

 A photo as simple as you enjoying a drink, a photo of you with certain people showing reckless behavior, or a post that makes an ex-spouse feel concerned for the safety of their children could be used as evidence against you in a child custody case.

Do Not Let Social Media Impact Your Case

If you need representation for your divorce or custody case in the North Alabama area, contact one of our experienced attorneys at The Law Firm of John M. Totten P.C. for a free consultation today.

John M. Totten
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