The Impact of Social Media on Divorce Proceedings

More people continue to use social media to inform and update others about their lives, making it no surprise that these accounts can greatly impact your divorce proceedings. Before you post your six-month anniversary photo with your new partner, check in to the new nightclub that opened down the street in Bethesda, or even create a post bashing your ex-spouse, you may want to think long and hard about whether it is necessary. These posts may seem minor or insignificant at the time, but they could end up causing you a lot of trouble during the divorce process.

How can social media impact my divorce in Bethesda?

Social media can impact your divorce in various ways. The most important thing to remember is that anything you post on social media can be used and entered as evidence by your ex-spouse and their legal team. Therefore, once you post something on Facebook, Instagram, or even TikTok, it can either be used against you or in support of an argument your ex-spouse makes in the divorce proceedings. This may include but is not limited to:

• Photos
• Videos
• Tags
• Locations
• Check-ins
• Posts or status updates
• Comments
• Likes
• Friends list or accounts

Social media can also escalate or worsen arguments between divorcing spouses. Online posts and communication can easily cause misunderstandings and misinterpretations, increasing anger, tension, and hostility between both parties. As a result of posts, when it is time for court, the divorcing parties may have more disputes, disagreements, and conflicts, which can cause delays in settlements, negotiations, and the overall divorce process.

How does social media impact child custody and support?

If you have children, child custody and child support will likely be addressed during the divorce proceedings. During this part of the process, your ex-spouse may use your social media accounts to give the court an idea of your character, behavior, and lifestyle. While certain posts from your social media accounts may have been completely harmless or even a joke between you and your friends, they can be used to argue that it is not in your child’s best interests to visit or live with you. For example, if you post photos of you and your friends enjoying an evening out and several beer bottles are visible in the background, these photos can be used as evidence to show that you are a heavy drinker and cannot provide a safe or suitable environment for your child.

Social media may also play a role in child support cases. If your ex-spouse can show that you live a lavish lifestyle, you may be required to pay more in child support. For instance, if you post photos of yourself frequently traveling, buying flashy and expensive jewelry, or attending affluent events across the country, the court may think that you have more money than you report and should be providing more for your child. Alternatively, if you create such posts and are requesting support, it may appear that you are hiding assets or being dishonest about your finances.

Can social media also impact property division and spousal support?

Yes, social media can also impact property division and spousal support. Throughout the divorce proceedings, the judge will examine a few factors to determine whether spousal support is necessary and how marital property and assets should be divided. Maryland is an equitable distribution state, meaning that marital property is divided in a fair way. However, you should remember that fair does not always mean equal. Therefore, if your social media platforms show that you are frequently involved in luxurious travels and expensive purchases, it could look like you are hiding or spending the assets that belong to both you and your ex-spouse, which could cause the court to rule in favor of giving your ex-spouse more of the marital assets or spousal support payments.

Five tips when using social media during a divorce or family law case

Your Bethesda family law attorney will likely suggest that you refrain from posting on social media while navigating a divorce or family law case. However, we realize that this is not always possible. If you plan to still be active on social media, you should follow these five tips to protect yourself:

1. Be very careful about what you post: When typing a status update, creating a video, or taking a photo, you should take a minute to think about how it may be perceived, especially by a judge, if you post it on social media. If there is even the slightest chance that you think it could be twisted or turned and used against you, do not post it.
2. Make your accounts as private as possible: Remember to make your accounts as private as possible. While you cannot prevent people from obtaining all your information and you will have to turn it over if requested in the process, you can limit some of the information they can see and access.
3. Ask an attorney if you are unsure: Anytime that you have hesitations or second thoughts about a post or something else on your social media platforms, you should ask your attorney for advice. Typically, you cannot delete posts during the litigation process.  Your attorney can help you decide whether you should post something or save it for another time.
4. Frequently check your tags: Even if you have not posted or updated your accounts in a few weeks, your friends or family members may still tag you in photos, videos, status updates, check-ins, or locations. Therefore, it is important that you frequently check your tags to make sure they do not consist of anything that your ex-spouse could use in the divorce proceedings.
5. Never accept friends or follow requests you do not know: Your ex-spouse may create fake accounts to see more of your social media information. If you notice any follower or friend requests you are unfamiliar with, you should avoid accepting them.

If you are thinking about pursuing a divorce in the near future, consider taking a break from social media. However, if you need to continue to use social media for any reason, you should have an experienced, skilled, and knowledgeable Bethesda divorce attorney by your side throughout the entire process. The divorce attorneys at McCabe Russell, PA are ready and available to answer any questions or concerns regarding social media and can help you decide whether you should post certain status updates, photos, check-ins, videos, and more. Please call our office or submit our contact form to request a meeting with one of our lawyers in Fulton, Bethesda, Rockville, or Columbia today.