Social media seems to be everywhere. Facebook, Instagram, Twitter, and a myriad of other social media platforms allow us to connect with other people across the world, including friends and family. While social media can be a great way to keep in touch with people we do not have the chance to see every day, there are times when it may be prudent to share less on social media. One of these time is when you are involved in a divorce or custody dispute. Some people do not understand that their social media posts can be used against them in court cases. Understanding how your posts and tweets are likely to be used can help you in deciding whether you should share certain information while you are involved with a court case.
First, if parties have children that are also on social media, it is essential that they not post or share anything that is disparaging about the other parent. Custody and visitation issues are decided on what is in the child’s best interest, and one of the relevant factors in that determination is how well each parent cooperates with the other and how each parent encourages the children to love the other parent. Putting harsh remarks about the divorce or the soon-to-be-former spouse on social media where the parties’ children could read them can seriously damage chances of being named a primary or joint custodian to the children.
Second, social media posts can also be used when trying to prove that a person is lying about his or her financial situation. For example, if a husband is alleging that he has no ability to pay spousal maintenance but then posts pictures of his weekend getaway to Las Vegas, the court may take that into consideration in addressing his credibility. Similarly, if a spouse claims inability to work due to a disability, posts on social media showing physical activity will seriously undermine that person’s claims.
Third, social media can be used to show a person is not telling the truth about how he or she is spending time while with the children. Some people have the tendency to “check in” or post photos when going out. If those posts often occur when that parent is supposed to be at home spending quality time with the children, that parent may ultimately lose some of the parenting time he or she has already been awarded.
We have extensive experience helping our clients with divorce cases and gathering the evidence they need to reach their goals. Contact us today at (651) 371-9117 for an appointment so we can talk about your case.