Facebook and Divorce in General
Social media has changed how we relate to each other, how we communicate, and how we present ourselves. Not surprisingly, Facebook and other social media can also affect a divorce.
For many people, posting comments, checking in at places, and sharing updates has become second nature. It’s a convenient, free way to stay in touch with family and friends.
However, there’s a downside. Changing your status from “married” to “single” can stir up controversy. Likewise, an offensive comment can start a feud. Politics, for example, is especially fertile ground for this.
In fact, “Facebook drama” is now an everyday phrase. It describes the hostile mess that can play out on social media.
Facebook and Divorce: Social Media Perils
Social media can also spill over into divorce and family law cases. Since family disputes are personal by nature, they often find their way online.
Divorce is a major life change, and support from friends can help a lot. So it may feel natural to post about your divorce or your soon-to-be ex.
That’s especially easy in the heat of the moment. When you’re upset, public expression is just a click away. Unfortunately, social media and divorce rarely mix well.
Today, social media has a firm place in the courtroom. It started showing up regularly as evidence around 2010, mostly from Facebook. Now courts see evidence from every platform, including Facebook, Instagram, X (formerly Twitter), TikTok, and Snapchat.
Social Media as Evidence in Divorce Cases
In family law and divorce cases, social media posts can serve as evidence of four main things:
- A person’s state of mind
- Evidence of communication
- Proof of time and place
- Evidence of actions
For example, social media could reveal a spouse hiding assets. It could also contradict someone’s claimed income, which can affect maintenance or child support. Or it could show that a parent isn’t properly caring for a child.
Judges may give this kind of evidence a lot of weight. After all, testimony can be biased, and people lie or misremember. Posts, on the other hand, were often written without any thought of a court hearing. As a result, judges may see them as more candid.
Also, there’s little or no expectation of privacy on social media. In a court case, the other side can ask for relevant posts and messages, even private ones. Minnesota courts then treat them like any other evidence.
Social Media Tips During a Divorce or Family Law Case
Don’t Post Anything You Don’t Want the Other Side to See
People working against your interests may be able to see your social media posts on Facebook, Instagram, X, TikTok, and other platforms. That can include the other parent, their attorney, private investigators, custody evaluators, or even the court.
So assume anything you post may become public and permanent. A judge could review it later.
Don’t Post Anything That Can Be Misinterpreted
Never post anything about a current or expected family law case. Also, ask friends and family not to post about it either.
We often see people asking about child support, parenting time, or divorce in online groups. That’s understandable. However, it can do more harm than good.
After all, you can’t control who sees that information or how they use it. Instead, ask your specific questions only of your attorney, where your conversations stay confidential.
Take Steps to Protect Your Privacy
Some people say they’ve “unfriended” their ex, so they’re safe. However, mutual friends can pass information back to your ex or post photos on their own pages. Also, someone may have screenshotted a post before you made it private.
It may help to:
- Change your passwords, especially if your spouse may know them
- Unfriend or block people close to your spouse
- Limit who can tag you in photos and post on your page
- Think twice before posting anything new
Once a case has started, don’t delete existing posts or accounts without talking to your attorney first. A court may treat deleting relevant content as destroying evidence. Going forward, the safest approach is simply not to post.
Retain a Divorce Attorney and Ask Them Questions
Be honest with your attorney about any posts, blogs, texts, emails, or photos that could hurt you. That way, your lawyer can work with you early to limit the harm.
These tips apply to every form of social media and electronic communication. That includes Facebook, Instagram, X, TikTok, Snapchat, LinkedIn, blogs, texts, and email.
They also apply to other family law cases, such as custody, child support, spousal maintenance, paternity, and parenting time disputes.
The bottom line: keep Facebook and your divorce separate.
Have another divorce or family law question? See our list of topics or the FAQ page.
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