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Can Social Media Posts Affect Your Divorce Case?

By Nottage and Ward on December 29, 2017

Going through a divorce is almost always stressful and traumatic. But few people are aware how modern technology and the rise of social media platforms have complicated what was already a difficult ordeal. It is important to realize that your online footprint can adversely impact your divorce proceedings.

Nearly everyone has embraced the smartphone culture, with its ability to share a photo or thought just a click away. Whether photos of your child or dog, a status report on your recent activity, or even a venting of frustrations, our society has become used to real-time updates from family and friends. Unfortunately, when you are involved in a divorce, over-sharing on social media can come back to haunt you. Such posts can be used as evidence against one or both parties, and have a material impact on decisions regarding maintenance, child support, and allocation of parental responsibilities.

Here’s How It Can Impact Your Case

What are some of the ways that social media and Internet technology can affect a divorce case? First of all, in any litigation, your past emails and text messages can be entered into evidence. If something you have written in an email contradicts something you have testified to in court, it can seriously weaken your position. While we like to think of emails and texts as private communications, the truth is that they are permanently preserved. Even if you delete them on your end (and doing so may in fact constitute an illegal act if the court finds that you have destroyed evidence), they can still exist online and on third-party devices. You should always treat electronic communications as public and avoid including any sensitive information or material, especially while you are going through a divorce.

One area in particular that can be affected by social media posts is the assessment of your finances. While we would rarely, if ever, mention our exact income, we generate plenty of evidence regarding our economic status by what we post online. References to recent large purchases, trips, vacation homes, vehicles, or any other assets can later be retrieved when you make the mistake of sharing them over the web.

Activity on dating sites can also be detrimental during a divorce. If you have created a profile on a site like Match or OKCupid, or downloaded a dating app, such as Tinder, to your phone before your divorce is final, you could seriously complicate your case.

Proven Family Lawyer

When it comes to decisions regarding allocation of parental responsibilities and maintenance the results can affect your life and the lives of your family members for years to come. It’s imperative that you do everything in your power to ensure the best possible outcome. That’s why you need a proven and experienced family lawyer on your side. The Chicago divorce attorneys at Nottage and Ward, LLP, have decades of experience when it comes to how social media platforms and modern technology can impact your divorce. Contact us today at (312) 332-2915 to schedule a consultation.