Take It From An Attorney: Divorce And Social Media Don't Mix

When you're going through a divorce or any other family law issue, social media may seem like an ideal place to reach out for support or to vent frustration. But before you post anything, ask yourself: "Would I be comfortable sharing this in the courtroom?"

Facebook and other social media platforms have become a gold mine for evidence in family law disputes. For this and other reasons, we strongly advise clients against posting anything online while their case is still in progress.

Posting Online Isn't As Private As You Think

By now, everyone should be aware that the internet is not nearly as private as we'd like to think it is. It doesn't matter if you've changed your privacy settings or blocked your spouse. If you post something online, you should assume that it can be seen by anyone — including your spouse's lawyer. Social media searches are now routinely part of the discovery process, meaning that attorneys may be able to subpoena social media content. In many cases, a subpoena isn't even necessary because there are easier ways to access it.

Social Media Evidence Gathering Is A Two-Way Street

You'll want to protect yourself during divorce by severely limiting or suspending your social media activity. At the same time, these sites can provide valuable evidence when your spouse doesn't show the same restraint.

Our attorneys routinely search Facebook, Instagram, Twitter and other social media sites on behalf of clients in family law disputes. We regularly find evidence of behaviors that are problematic during a divorce or child custody case, including:

  • Posting pictures of a vacation with a new significant other
  • Spending money on large purchases and showing off
  • Having an affair with someone who is boasting about the upcoming marriage (despite the fact that the divorce is obviously still in progress.)
  • Excessive alcohol use or drug use
  • Sharing too much personal information about the children or denigrating them in some way

Social media pictures and posts aren't always damaging on face. But if they show signs of irresponsible/immoral behavior or contradict financial disclosures or other existing documentation, they can greatly sway the outcome of a case.

Before You Post About Your Divorce, Discuss Your Case With Us

The attorneys at DeFazio Bal are here to help your divorce and child custody matters go as smoothly as possible, and that often starts with limiting your social media exposure. To discuss your options and learn more about how to protect yourself during the divorce process, contact us in Midlothian or Glen Allen. Call us at 804-419-6551 or send us an email.