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The Consequences of Sharing Divorce Details on Social Media

Girl on Phone

If you’re in the midst of a difficult divorce, it can be tempting to go online and share the private details of your situation with your friends and family on Facebook or other social media platforms. But what feels like a release in the moment can be a costly mistake, should you say the wrong thing or something libelous against your soon-to-be former spouse.

When it comes to social media and divorce, the best rule of thumb is to not use social media at all during and after the divorce.

share any private details publicly. However, some people find it necessary and even liberating to share a brief statement that they are in the midst of ending a marriage. A simple, concise statement revealing the information and asking for respect or consideration during this time can lead to an outpouring of support from friends and family without having any specific legal ramifications.

However, if you are active on social media and going through a divorce, consider these potential scenarios before posting anything you might regret later.

Online Activity Can Point to Hidden Assets

If you’re in a situation where you claim you can’t afford to pay spousal support or you’re asking for more alimony, then it would be unwise to post photos from your recent French vacation and your brand new car purchase. This can point to inconsistencies in your statement, which can be used against you when trying to reach a settlement.

Electronic Communications are Admissible in Court

All electronic communications including email and text messages are admissible in court. As a lawyer, I often advise that people do not post anything on social media that you wouldn’t want a judge to read. This extends not only to information about financial matters in your divorce, but also outright mean or negative statements that could have some bearing on your credibility or character should they come under scrutiny. Again, best practice is to not use social media at all.

Public Communications Can Be Used in a Libel Action

In general, everything you post on social media should be construed as public, even if you have high levels of privacy settings. You never know when an old friend may take a screenshot or share a post that you shared in confidence. Therefore, anything that’s not completely true that serves to insult or damage the character of your ex can be fodder for a libel lawsuit. It’s best to avoid saying negative things about your former partner completely.

For any questions about the admissibility of social media evidence in your divorce, contact our firm at 678-947-2988 to learn how we can help you protect yourself and get the settlement you deserve.

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