Jane-Ashley McMillan, Attorney at Law

Tread lightly on social media during your divorce

Facebook and other social media platforms have grown into legitimate sources of information and channels for sharing ideas. Perhaps you have used your own social media pages to express your opinions on political issues, current events or trends in society. You may also use it publicize your personal feelings and events in your life. Many find this comforting, especially when friends and others approve and share your posts.

However, if you are preparing for divorce, social media may not be the sounding board you want to choose. While you may feel that you have a right to say whatever you want on your private social media account, you may discover that the thoughts you post have negative consequences.

What not to say

You may find it difficult to imagine resisting Facebook and other social media sites until your divorce is final. However, if you decide to continue using your social media, there are some posts you will want to avoid making. The fact is that your social media posts may become evidence that could damage your case. If you are seeking spousal support, hoping to obtain custody rights or expecting a fair share of joint assets, the following may impact your efforts:

  • Posts that someone may interpret as evidence that you are an unfit parent, such as pictures of you at wild parties, posts about drinking to excess or comments about participating in reckless or illegal activities
  • Posts about a new romantic interest, which your ex's attorney may use in court to show that you have spent marital funds on trips, dinners or gifts
  • Negative rants, insults or hurtful comments about or directed at your ex since these may add pain to friends and family who may already be suffering because of your divorce
  • Extremely private, embarrassing, untrue or damaging information that you may come to regret sharing no matter how quickly you take it down from your page
  • Personal details about your sessions with a counselor or therapist because, no matter how positively you present it, others may interpret your wise choice to seek help as evidence of emotional or psychological instability.

No matter how private you keep your settings on social media, someone can always find a way to those personal posts and pictures. Additionally, you may not know how the most innocent status update or photo may become something ugly in the eyes of the court. For this reason, it is wise to seek advice from Texas legal counsel about the most appropriate ways to use your social media during the divorce process.

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