By: Deborah S. Chames  

Social media has become an ever-present part of our daily lives, so it’s no surprise that the medium can factor into divorce proceedings. From posting about your marriage or divorce, to sharing information about your children, social media can have serious consequences for your case.  

While I’ve seen people try to use social media to their advantage to ‘get back at’ or make their ex-spouse jealous, the results can backfire.  

These best practices will help you navigate the complexities of social media in the context of divorce, and mistakes to avoid that may impact your case: 

1. Be Careful Showing Where You Go and What You Do

For example, there are cases where a spouse is being accused of alcohol abuse, which may impact the timesharing that they are allowed to have with their children. Posts which show that spouse at bars – even if they are not drinking – or at parties where there is liquor flowing can only hurt, not help, that spouse’s credibility and position before the Court.  

2. Do Not Post Information About Your Children or Ex-Spouse

Not only could this be seen as a violation of their privacy, but it can also impact your case. Posting negative comments about your ex-spouse can also make it more challenging to negotiate a settlement or even lead to problems with custody arrangements. Similarly, posting pictures or information about your children can be seen as a breach of their privacy, and it can also have implications for custody and visitation rights. 

3. Do Not Record or Consent to Being Recorded During Disputes

With the prevalence of smartphones and other recording devices, it can be tempting to record conversations or arguments with your ex-spouse. However, doing so without their consent can be illegal and might lead to legal consequences.  

For example, recordings of heated arguments or abusive behavior can be used as evidence against you in court and could impact custody or visitation arrangements. It’s best to avoid recording or consenting to being recorded during disputes and instead focus on finding alternative methods for resolving disagreements. 

Think Before You Post  

While going through a divorce, it is best to totally disappear from social media. Frankly, I have never seen anything good come from it. Moreover, posts that you may forget you even made literally come back to bite you. A word to the wise: stay clear of social media until the Final Judgment is entered! 

For more information about Kluger Kaplan’s experience or assistance with family law matters, please contact us.