social media likes on phoneAt first, it may seem like Facebook, Twitter, Instagram, TikTok, or another social media platform may be useful to you during a divorce. Social media sites can allow you to share the news of your upcoming divorce quickly and efficiently, and they may allow you to seek support during this transition. However, posting on social media can be risky and could impact the outcome of your divorce.

How Social Media Posts Could Hurt Your Divorce

Your soon-to-be ex-spouse’s lawyer may request to see your social media posts and any posts that other people tag you in during the discovery phase of your divorce proceedings. Even if you have strict privacy settings in place, the lawyer may still be able to access your posts and misconstrue them as evidence of:

  • Irresponsible parenting behavior. Let’s consider a few different hypothetical scenarios. Maybe you went out with your friends while your child was slightly under the weather. Perhaps you had friends over who were drinking in front of your child. Or maybe you missed your child’s recital, play, or championship game for your own social event. You don’t have to be perfect to obtain a fair child custody agreement, but photos or posts demonstrating these kinds of decisions may be used as evidence against you if your spouse wants sole custody.
  • Reckless spending. Spousal support, child support, and divisions of assets and debts must be addressed in your divorce proceedings. Any social media evidence of you spending recklessly may be used against you to increase the amount you should pay or decrease the amount you should receive.
  • Threats to your spouse, children, or others. Everyone gets angry or frustrated. However, frustration expressed through a Tweet or Facebook post may be seen as a threat and used as evidence in child custody proceedings or to obtain a protective order.

These complications may be frustrating and costly. However, you can avoid these potential problems by temporarily locking or deleting your social media accounts while your divorce is pending.

Contact Our Family Law Attorneys Today

From our Cape Girardeau and Perryville offices, the team at Layton & Southard serves clients throughout Southeast Missouri and Southern Illinois. Please contact us online or call our Cape Girardeau office directly at 573.335.3359 to schedule your initial consultation.

Megan D. Andrews
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