The Role of Social Media in Divorce Proceedings

 Posted on February 15, 2024 in Divorce

You likely share moments on your social media, like memories, locations, thoughts, and more, across various apps and websites. However, this oversharing can have unintended consequences, especially for those going through a divorce. Social media activity is being introduced as evidence in divorce cases more frequently, impacting negotiations, asset division, custody agreements, and more. A San Antonio, TX divorce lawyer can help you figure out how social media may impact your specific case.

What Gets Posted Online Can Be Used Against You

You likely know that social media posts can come back to haunt you when applying for jobs or running for office. The same goes for divorce proceedings. Any photos, videos, messages, posts, or other online interactions can potentially be obtained and presented in court by either party. Digital forensics can also uncover content you may have deleted.

For example, vacation photos or restaurant reviews can confirm suspicions of hiding assets or income. Incriminating messages may indicate adultery or inappropriate new relationships, which could negatively impact custody rulings. Even emotional venting could characterize someone as unstable or unfit. Family lawyers now routinely advise clients to audit, restrict, or halt social media use during separation and divorce proceedings.

Social Media Activity Impacts Negotiations

Lawyers often leverage social media evidence to negotiate better client settlement terms. If a spouse has posted content that makes them appear irresponsible or could sway the judge, the lawyer may leverage that to argue for more favorable asset division or custody rights. The spouse whose online activity could put them at a disadvantage has an increased incentive to settle out of court.

Of course, compromising content works both ways. If both spouses have posted unflattering content, they both will be motivated to agree to air dirty laundry in the trial. The rise of social media has brought a rise in out-of-court divorce settlements.

Digital Activity Changes Legal Strategy

In anticipation of social media playing a role, divorce lawyers now incorporate digital discovery and analysis into their standard legal strategy. Collecting, preserving, and reviewing online content for potential use is now essential for building a case.

Lawyers can also help tighten social media privacy settings and refrain from posting during legal proceedings. They may have clients turn over login info to monitor or restrict posts. An attorney can also hire tech experts to uncover deleted posts or analyze metadata to build timelines of digital communications and location history.

Contact a San Antonio, TX Divorce Attorney

Social media can provide evidence that can make or break a divorce case. Anyone considering filing for divorce must realize that cleaning up their social media presence is just as essential as finding the right lawyer. Working with a Bexar County, TX divorce lawyer can help your situation. Call Brandon Wong & Associates at 210-201-3832 to get started.