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How Your Social Media Can Affect Your Divorce

How Your Social Media Can Affect Your Divorce

Apr 11, 2024 | Divorce

Instagram, Facebook, TikTok, Twitter (now X)–with so many social media platforms available on the web and their ubiquity in our lives, they are a prime source of information about us and a personal resource for everyone from prospective employers to new friends. However, when you are involved in conflict in your life, they can be a source of danger. When you are going through a divorce, they can prove as a testament to your character (usually, to be used against you) and even serve as evidence during a court battle.

If you are going through a separation from your partner, the experienced divorce attorneys at Lunn Law, LLC are poised to guide you through matters of social media and beyond. We understand how to support our clients during this process, and we can educate you on how social media usage impacts your divorce proceedings. Reach out to schedule a case assessment with us and learn how we can support you in your divorce and represent your interests. If you have further questions about social media and its impact on your divorce, read on.

Social Media And Marital Impact

Social media can actually be a reason your marriage ended; there are several types of social media behavior that can compromise a marriage’s happiness, and they include, but are not limited to:

  • Consuming content from and messaging with other prospective romantic partners, influencers, or adult entertainment stars
  • Reconnecting with exes and old flames
  • Social media usage distracting from time between married couples
  • Jealousy of other couples or lifestyles depicted in photos and posts
  • Oversharing, lying, or misrepresenting personal information in posts

Not every state allows social media evidence to be admitted into divorce proceedings, so check your local laws. In Georgia, your social media posts can be used against you in court for your divorce so long as they are obtained correctly and authenticated, which is why you will want to be careful with the use of your words and photos.

Do Judges Take My Social Media Into Account?

Even if social media did not play a prominent role in your marriage or the events that led to your divorce, it can take a prominent place in your divorce proceedings.

When a divorce is initiated, one of the initial moves opposing counsel will perform is searching for you online. What you reveal about yourself on social media could be admitted into the divorce proceedings, particularly if they discover posts that indicate you might have been abusive, threatening, adulterous, financially irresponsible, or compromised by drugs or alcohol.

When you are initiating a divorce or served with divorce papers, you need to carefully consider how your social media portrays you to a group of people.

Another thing to keep in mind is that your direct messages as well as your social media content can be used as evidence against you. Nothing on the internet is entirely private, and if you choose to send direct messages to your ex or someone else, they can be circulated back to the divorce court. Be careful what you put in your direct messages, texts, emails and who you send them to.

Social Media Divorce DON’TS

Before you get into divorce proceedings, one of the simplest and most beneficial things you can do is set all of your social media accounts to private. Nonetheless, there are ways that privatization can be circumvented, especially if any people in your social circle are duplicitous enough to send screenshots to your ex.

One option is to cease posting anything altogether and even delete previous posts if you feel that they might have an impact on the results. However, if you choose to continue your social media usage, there are some strict rules you should follow, including:

  • DON’T post anything negative about your soon-to-be-ex-spouse
  • DON’T post anything about the divorce process, particularly anything negative or inflammatory
  • DON’T post anything that indicates you are spending large amounts of money
  • DON’T post about your alcohol or drug use
  • DON’T try to contact your ex through DMs
  • DON’T post photos or information about new dates or partners
  • DON’T post anything that directly contradicts anything you have said in court
  • DON’T send provocative or threatening or otherwise ill-advised DMs
  • DON’T create an online dating profile until your divorce is finalized
  • DON’T stalk the social media of your ex

This last point is for your own peace of mind. Social media posts are a distortion of reality in the first place, and no one who posts anything is coming from a completely authentic place. After all, you want to present your best self to the world. If you stalk your ex’s social media, it creates the potential for jealousy or anger, and it might compel you to do something foolish like send a nasty message or make a retaliatory post. Even if your ex is bad-mouthing you on social media, stay above it–your own legal counsel will be collecting evidence on your behalf, after all.

Most of all, it’s important to use common sense when it comes to your social media usage during divorce proceedings. Your social media is your engagement with the entire world, or at least anyone who cares to look, so don’t post anything you wouldn’t say or admit to in front of a judge. Even something as simple as a comment on someone else’s post could be used against you, so if it seems iffy, err on the side of caution and don’t post it.

Get Guidance From An Experienced Georgia Divorce Attorney

If you are going through divorce, the Georgia divorce attorneys from Lunn Law can give you guidance regarding social media use and other pitfalls in divorce. Our attorneys are on the cutting edge of technology, and we pride ourselves in setting an impeccable ethical standard. We strive to work with good people who are trying to protect what matters most in their lives. If you could use our expertise, we encourage you to reach out! Contact us to schedule a case assessment, and we’ll begin working with you on the initial steps of starting your new life.