Social media is woven into our everyday lives. Many people use it to communicate, keep in touch with others, and stay updated on current events. While platforms such as Facebook, Instagram, and TikTok can be beneficial to connect and feel like you’re part of a community, they should be used with caution during divorce. Notably, social media and divorce do not go hand-in-hand. When misused, social media can create damaging evidence in your divorce case and potentially complicate the legal proceedings.

Key Takeaways

• When going through a divorce, social media can create a treasure trove of evidence that can be used against you and negatively impact your case.
• Even if you think your accounts have been set to private, everything you post on social media, including posts, photos, and private messages can be obtained through the discovery process.
• Social media evidence is not limited to your own content. Anything friends or family post on your account or comments they make can be admissible in court if it is relevant to the case.

Social Media Can Be Used as Evidence in Your Divorce

When it comes to social media and divorce, judges in Michigan are increasingly willing to review posts and messages as part of the evidence in a case. Even if you think you’ve set your accounts to private, anything you post on social media can be obtained through the discovery process. For instance, posts that show lavish spending, excessive partying, or expensive vacations can be used as evidence that negatively impact your case.

Specifically, social media evidence can come into play in divorce in the following ways:

• Parental fitness: Photos that depict unsafe or reckless behavior, alcohol use, and inappropriate conduct can call parental fitness into question in cases where child custody is in dispute.
• Credibility: Posts and messages can be used to challenge a party’s credibility in the courtroom.
• Hidden income: If you post photos of yourself with luxury purchases or while on lavish vacations, your spouse could use this as evidence that you are concealing assets.
• Communication between spouses: Messages and communications between spouses can be introduced as evidence of conflict and co-parenting difficulties.
• Court order violations: Social media posts can reveal violations of court orders, including breaches of the custody agreement, financial support obligations, and restraining order violations.
• Infidelity: Although not a ground for divorce, social media evidence can support claims of infidelity, which can be relevant to the issue of dissipation of marital assets in connection with alimony and property division.

It’s essential to be aware that social media evidence in divorce is not limited to photos, check-ins, tags, and private messages that you write. It can include anything others have posted on your profile. Comments left by followers and content others post about you may be admissible in court as long as it is relevant and can be authenticated. This is why it’s crucial not only to be careful with your own posts, but you should also be mindful of what friends and family might tag you in.

Best Practices for Social Media During Divorce

While you are going through a divorce, it’s best to stop posting on social media entirely until your case is finalized. Assume that anything you post will be viewed by the judge. If you are an avid user of social media, you might want to consider deactivating your account while your divorce proceedings are ongoing. However, if this is not an option, ensure your privacy settings are up to date and change your passwords. You may also consider reviewing your friends list and unfriending your spouse, as well as those in your spouse’s network to ensure that you don’t see any posts that could be emotionally triggering.

In the event you decide to keep your social media account active, instruct your friends and family not to post on your wall, tag you in photos, or make any comments about your divorce. It also goes without saying that you should never vent about your spouse, their family, or friends, and avoid sharing information about your children. If you need to express your feelings, speak with a mental health professional or trusted friend, rather than post on social media.

Importantly, do not delete anything from your social media profiles, including past posts, photos, and comments. This could be considered spoliation of evidence and harm your case even further. It’s best to discuss how to approach your social media accounts and usage with a skilled divorce attorney who can advise you based on the facts of your specific situation. They will understand the complex interplay between social media and divorce, and can explain how your case could be impacted by what you post.

Contact an Experienced Michigan Divorce Attorney

If you have questions about social media and divorce, a knowledgeable attorney can best advise you and help you avoid pitfalls. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide range of matrimonial and family law services to clients in Michigan and is committed to obtaining the best possible results in every case. We invite you to schedule a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.