“Anything you [post] can and will be used against you in a court of law.”
Are your social media posts immune from divorce court? Nope. While it may feel like an invasion of your privacy, since so many Americans are active on social media platforms like Facebook, LinkedIn, Twitter, and Instagram, social media sites have become a jackpot for those scavenging for divorce court juicy gossip.
Once it’s out there on the internet, it’s fair game. As long as it’s not obtained illegally, that is. (For example, your ex can’t set up a fake profile and friend you and then use your posts against you.
If you’re active on social media, don’t be surprised if your ex shows up to court with copies of your recent Facebook activity.
Ideally, you’ll stop all social media activity while your divorce is pending. You may deactivate your accounts, but DO NOT delete photos or posts, because that could be considered destroying evidence. At the very least, you should change your privacy settings to only allow your closest friends and family access to your profile, and be very selective with what you post.
Even if you haven’t done anything wrong, your own posts — or posts you are tagged in — may be twisted to make things appear less than honest or tasteful. As they say, a picture is worth a thousand words. What those words are, depends on who’s talking.
Here are a few ways your social media posts could be used against you in divorce court:
Concealing Income
You’re saying you can’t afford to pay child support or alimony. Yet your Facebook and Instagram pictures show you taking lavish vacations, bragging about your new job, or making large purchases.
Your LinkedIn profile shows you have a side business that provides some extra income you failed to mention in court.
Child Custody
Your pictures show you drinking, partying, with other men/women, staying out late, or being away from the kids often. Perhaps it shows you leaving the kids with a babysitter when your ex is supposed to have the right of first refusal.
Or, you’re using Facebook or Twitter to badmouth your ex.
Basically anything that could be construed as you being a less-than-stellar parent, you’ll want to avoid.
And that doesn’t just mean your posts, either. Remember, you can be tagged in other people’s photos and posts. That’s why deactivating your account or going off social media for a while isn’t a bad idea.
And, of course, you’d be wise to keep your life on the up and up, avoid making poor decisions. You’ll be living under a microscope for a while, so remain above reproach.