Instagram, Twitter, TikTok, Facebook, Snapchat… the world of social media has consumed our life. According to Statista, 82% of Americans have some form of social media. While social media has been a huge part of our lives, it should not play a role in your divorce.
Posting on social media during your divorce can prove detrimental to your case. It is imperative that you be cognizant of what you are posting. So, what should I not be posting?
First, you should never post about your legal case on social media. In particular, conversations with your attorney are private and privileged information. If you post details about your legal case or conversations with your attorney on social media, you have likely waived your attorney-client privilege. This means the privacy protection that you once were entitled to has now vanished. Additionally, any negative social media comments or posts about your ex or the other parent can be used in Court as evidence. “Wait, my account is private so no one can see it?!” Think again. It is common that someone, somewhere will screenshot the post and it suddenly shows up in Court. I have personally seen it happen on numerous occasions. Anything that you post on social media might as well be on the front page of your local newspaper or favorite website.
Second, that harmless photo may actually be detrimental to your case. For example, a photo of you and your child at the beach (are you allowed to travel with the child out of the state?), a photo of your child and your new girlfriend (is your child allowed to meet your significant other yet?), or a photo of you holding large amounts of cash (yes, people to post these and it could bite you in a child support case). Any of these photos can be used in Court as exhibits for trial. Instead, make sure you clearly understand your child custody order or child support obligations by reviewing your obligations with your attorney.
Finally, be aware of what others are posting about your ex or the other parent of your child in their own social media comments or posts. Ask friends and family not to share any details about the legal case or comment negatively about the opposing party…anywhere. If you insist on continuing to interact with social media platforms while enduring your divorce or family law disputes, keep your posts “light and simple.” When in doubt, do not post it!
Triple check your privacy settings and who are your “friends” on social media. If you ever have questions or concerns, consult your attorney first!
If you or somebody you know has posted about their family law matter on social media, our team at Modern Legal is here to help.
Written by: Theresa E. Viera
