Posting anything on social media during a contested legal case – especially one involving divorce or child custody – can create a minefield of problems.
Family court judges will consider any communication made by either party as evidence. That includes anything posted on a public space, such as Facebook, Instagram, Twitter, dating apps, or any other social media platform.
The best strategy while the legal case is pending is to stay off social media completely. But if you do go on social media, there are some particularly thorny topics to stay away from:
- Anything to suggest you are not a good parent
- Any comments concerning your current or former spouse
- Information about a relationship with a new significant other
- Content that causes you to appear unstable
- Information about large purchases you’ve made or monetary gifts anyone has given to you
- Photos showing conduct that would negatively impact the perception of you as a parent, such as consumption of illegal drugs or alcohol
In summary, never assume your social media posts are invisible to your current or former spouse, or anyone else. Consider staying off social media completely until your divorce is finalized.
Seth Harris, an experienced attorney with the PMK Family Law Division, is available to provide compassionate and practical advice to guide you through all aspects of a divorce, from start to finish.