In today’s digital world, social media is part of nearly everyone’s daily routine. From sharing family updates to posting vacation photos, platforms like Facebook, Instagram, and X (formerly Twitter) have become outlets for self-expression. However, during a divorce, what you post — and even what others post about you — can have significant consequences on your case. At Hecht Schondorf, we’ve seen firsthand how social media activity can influence divorce proceedings, and we advise clients to proceed with caution.
Social Media is Evidence
In divorce cases, social media posts can be used as evidence in court. Photos, status updates, and even comments can be introduced to challenge claims you make about your financial situation, parenting ability, or personal behavior. For example:
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Posting about a new luxury purchase could contradict claims of financial hardship.
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Sharing photos from a party might be used to question your role as a responsible parent.
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Publicly criticizing your spouse could impact settlement negotiations or custody considerations.
Privacy Settings Are Not Foolproof
Many people believe that adjusting privacy settings protects them from scrutiny, but that’s not always true. Friends, mutual contacts, or even screenshots can quickly make “private” content public. In some cases, opposing counsel can request access to your social media as part of the discovery process.
Impact on Custody and Support
Family courts make decisions with the best interests of the children in mind. If a parent’s social media suggests unsafe behavior, neglect, or questionable judgment, it can impact custody arrangements. Similarly, posts that reflect higher-than-reported income could influence spousal or child support determinations.
Best Practices During Divorce Proceedings
To protect your interests during a divorce, consider the following strategies:
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Pause posting altogether until your case is resolved.
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Avoid discussing your case online, directly or indirectly.
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Think before you share — if you wouldn’t want a judge to see it, don’t post it.
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Ask friends and family not to tag you or post about you.
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Document and save any posts from your spouse that may be relevant to your case.
How Hecht Schondorf Can Help
Divorce is stressful enough without the added complications social media can bring. Our experienced family law attorneys at Hecht Schondorf can guide you through the legal process, advise you on protecting your interests online, and ensure that your rights are defended every step of the way.
Final Thoughts
Your social media presence is a public record of your life, even if you think it’s private. During a divorce, it’s wise to treat it as though every post could appear in the courtroom. Being mindful of your online activity is a simple yet powerful step toward protecting yourself during this critical time.
If you’re navigating a divorce, contact Hecht Schondorf for the skilled, compassionate legal representation you deserve.