Facebook, Instagram, TikTok, X (formerly Twitter), and other social media sites are widely used and have become an embedded aspect of modern society. However, it’s crucial to remember that social media can also be used in divorce cases. If you’re involved in a divorce or considering getting divorced, it’s important to understand the potential risks your social media posts can pose to your divorce proceeding.
Social Media Can Be Used as a Source of Evidence in a Divorce Case
In North Carolina, social media posts, including the text and videos in posts, can be used as evidence in divorce proceedings. Social media posts can be beneficial in divorce cases involving financial matters, such as alimony, spousal support, or division of assets. Suppose a spouse is attempting to hide assets so they won’t be included in the division of the couple’s marital assets.
Social media videos indicating that the spouse is living an extravagant lifestyle or has made new home or vehicle purchases that were not reported in the divorce proceedings could change the course of the divorce settlement. A spouse who claims they need alimony may have difficulty obtaining it if they share posts about their luxurious vacations or expensive dinners with their friends, which can undermine the legal claim.
Your spouse’s divorce attorney will likely scour your social media accounts to attempt to find evidence that will help their client. In addition to your spouse’s attorney carefully reviewing your posts, custody evaluators, vocational evaluators, and judges may use your posts to make important decisions about you, your divorce, and potentially your child custody.
Guidelines for Social Media Usage During a Divorce
Being overly cautious with your social media posts during a divorce is important. A good rule of thumb is to never post anything on social media, even in private groups or through posts set to “private” about your divorce. Every time you post, consider whether you’d like the information in the post to be shared in court and used against you. Specifically, you should not post any of the following:
- Negative comments about your ex
- Videos or photos that could be seen as hurtful or embarrassing to your ex
- Financial information, confidential documents, or any other information that could jeopardize the outcome of your divorce proceedings
- Engaging in heated arguments with your ex online, as this will worsen the situation
The best strategy is to stay off social media while your divorce is ongoing. This will increase the likelihood of a favorable dissolution of your marriage. If you are going to use social media during your divorce, you should make all of your accounts private and change all of your passwords.
However, making posts private doesn’t protect the content from being used in divorce proceedings. Be mindful that even if you stop using social media or set your accounts to private, you may be tagged in friends’ or family’s posts, and people may talk. Consider how your posts may affect the children involved in the divorce.
Contact a Divorce Attorney in New Bern, North Carolina
Divorce can be a delicate and emotionally charged experience. Social media is also a breeding ground for conflict. Discussing your divorce strategy, including strategies for managing social media during your divorce, can be helpful. Don’t hesitate to contact the New Bern, North Carolina divorce attorneys at Greene Wilson Crow & Smith to learn more.