Social Media and Divorce

December 6, 2016

Facebook, Twitter, Instagram and numerous other social media websites have become a part of everyday life for many people. Posts and pictures of what we are doing, who we are doing it with, and where we are, allow us to keep in contact with other people we normally would not communicate with. However, when you are going through a divorce, it is important to remember that your posts can be damaging to your case.


According to a survey conducted by the American Academy of Matrimonial Lawyers (AAML), divorce attorneys across the country are reporting a significant increase in the use of evidence obtained from social media websites during divorce proceedings during the past few years. Facebook was named as the biggest provider of damaging evidence, but spouses are also providing emails, text messages and history logs for computer use as evidence of misconduct by their spouse.


Below are a few examples of how your social networking can get you into trouble:

  • Pictures of you with your new boyfriend or girlfriend

  • Posts venting inappropriately about your spouse or the divorce proceedings

  • Pictures of you drinking or engaging in other questionable activities

  • Communications that demonstrate you had an affair while married

  • Pictures or posts that can be used against you in a custody battle

  • Don’t think you are safe from your spouse obtaining this evidence because you have blocked him/her from accessing your account. Many times the evidence against you is obtained by the spouse using the account of a child, other relatives or a friend.


Thus, while your divorce case is pending, it may be wise to take a break from using social media. If you can’t bear to be away from it, remember to use caution before posting anything. Never post something you would not want your lawyer or, more importantly, your judge to see!

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