Can I Use Social Media During My Divorce?

 Posted on October 10, 2024 in Divorce

Social media is an essential part of daily life for many people, but it can be a double-edged sword during a divorce. Every post, comment, or "like" can quickly become a liability and have serious legal consequences. That is why it is very important to understand how social media activity can impact your divorce proceedings. If you have questions about using social media during your separation, consulting with an Illinois divorce attorney can help you understand the state’s rules and regulations.

How Can Social Media Activity Affect Divorce Outcomes?

Social media can significantly impact divorce proceedings because it can be used as evidence. Posts can reveal information about spending habits, parenting behaviors, or even infidelity. Any photos that show proof of expensive purchases, vacation trips, or inappropriate interactions can be used to challenge claims of financial hardship or parental fitness.

Should You Stop Using Social Media During a Divorce?

While it may not be necessary to stop using social media entirely, it is wise to reduce activity and proceed with mindfulness about what you share. The following are some guidelines to consider:

• Avoid Sharing Personal Updates: Refrain from posting anything about your divorce, financial status, or personal life. Even a seemingly harmless post can be misinterpreted or used against you.

• Do Not Post About New Relationships: Introducing a new partner online before your divorce is finalized could affect spousal support or custody negotiations.

• Be Cautious of "Check-ins" and Tags: Locations and tags can be used to track your movements or show a lifestyle that is inconsistent with claims made during the divorce.

Are Your Social Media Posts Private?

It is a common misconception that social media posts are private if the account settings have restrictions on who can view them. However, in Illinois, any content shared online can be considered public once it is shared with others, even if the account is set to private. Illinois courts may allow the discovery of social media content if it is relevant to the divorce proceedings. This means that anything you post, even in private groups or direct messages, could potentially be subpoenaed.

Can Deleted Posts Still Be Used Against You?

Deleting posts does not necessarily mean they are gone forever. Opposing counsel may have already saved copies, or the posts may be retrieved through forensic analysis. In Illinois, attempting to delete evidence that could be relevant to your divorce might also be seen as "spoliation of evidence," which can have negative legal consequences.

How Can You Protect Yourself on Social Media During Divorce?

Taking these steps can help minimize the risk of your posts being used against you in court:

• Update Privacy Settings: Limit who can see your posts and personal information to reduce exposure.

• Avoid Discussing Your Divorce Online: Resist the temptation to share updates about your divorce, as even vague or indirect comments could be damaging.

• Communicate Through Your Attorney: Do not use social media to communicate with your spouse about divorce; instead, communicate through official channels or your attorney.

Contact a St. Charles, IL Divorce Attorney for Help

Social media can have a significant impact on divorce outcomes, affecting everything from alimony to custody. To protect your rights, it is essential to work with an experienced attorney who understands how social media evidence can be used in Illinois courts. Call Goostree Law Group at 630-584-4800 to speak with a Kane County, IL divorce lawyer about how to effectively navigate your divorce.