Writer: Miranda Poradek
Editor: Rachel Kuolt
Spring 2024
For millions of Americans, social media offers an outlet to connect with friends, share exciting new ideas, and discover entertainment. However, for those navigating the already-complicated divorce process, the rise of social media presents several important implications (Wise, 2024). Specifically, the eligibility of social media posts as evidence in divorce proceedings has introduced a new means for attorneys to obtain evidence. In fact, a study finds that 81% of divorce attorneys discover evidence worth presenting in court via platforms such as Facebook, Instagram, and online dating sites (Maldonado, 2023). Therefore, it is important to ensure your social media presence properly represents your character as you enter divorce proceedings.
What Evidence is Eligible for Review?
In order to be used as evidence in court, social media content must meet certain criteria.
(Jones, 2023). Firstly, posts and images must be authentic. Legal authentication requires proof that the content was posted by the claimed individual. Secondly, posts must not be obtained in violation of an individual’s Fourth Amendment reasonable expectation of privacy on the internet. Finally, social media evidence must be relevant to the individual’s past behaviors and actions. While these criteria provide some protection against false allegations during divorce proceedings, it does not entirely eliminate the risk of mischaracterization by the other party.
The Power of Social Media Evidence
Social media posts are often used to establish a particular view of a person’s lifestyle. Particularly in custody arrangements, one party might use social media to depict the other party’s problematic character. Images or videos depicting partying, excessive spending, or risky behavior are often used to depict individuals as irresponsible caregivers.
Posts including lavish purchases such as boats, cars, jewelry, etc. are often used to discredit claims of financial instability, especially in divorce proceedings. This is a common strategy to challenge a spouse’s claims that they do not have enough money for spousal/child support or to reveal hidden assets.
In severe situations, social media activity can be used to substantiate claims of derogatory comments or restraining order violations. While social media evidence offers a new way to reveal unethical behavior, it should also remind us that our digital footprints are far more lasting and impactful than we may believe.
Minimizing the Risk of Social Media:
To prevent your social media profile from being weaponized against you during divorce proceedings, consider taking the following precautions (Hembree, 2023):
1) Limit Social Media Use: Firstly, limiting overall social media activity may be beneficial. Even if you are posting content that you believe is harmless, the other party may still portray your posts in a negative light.
2) Don’t Post About Your Divorce: Divorce is a strenuous process. Understandably, you may feel tempted to vent to friends and family via social media. However, emotionally charged content and disparaging comments are likely to be used against you in court.
3) Be Mindful of Privacy Settings: You can discourage the opposing party from scouring your profile for compromising content by ensuring that your privacy settings are turned on.
4) Check Your Tagged Posts: Polishing up your own social media profiles is only the first step. It is equally important to ensure that tagged posts from your friends and family reflect good character.
5) Considering Changing Your Password: Password sharing is a common practice in many relationships. If you think the opposing party may know this information, consider updating your social media passwords.
For better and for worse, the advent of social media has altered the legal landscape of divorce. By taking the proper precautions online, you can minimize the risk of negative outcomes in your separation.
References
Jones, J. (2023, May 5). Admissibility of Social Media Evidence for Court Cases. Bosco Legal
Maldonado, Jaliz. “Family Law: Social Media Evidence in Divorce Cases.” Legal News &
Business Law News, National Law Review, 25 Aug. 2023, www.natlawreview.com/article/family-law-social-media-evidence-divorce-cases.
The Role of Social Media in Divorce and Custody Cases. Hembree Bell Law Firm . (2023,
October 9). https://www.hembreebell.com/blogs/divorce/the-role-of-social-media-in-divorce-and-custody-cases/
Wise, C. (2024, January 17). Unraveling the Impact of Social Media in Your Divorce. Wise &
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