The Legal Dangers of Social Media During Divorce

Venting all your frustrations about your ex on Facebook can feel immensely satisfying. (Take THAT, you lying ex!)

Unfortunately, posting hurtful things (even facts) on social media is also quite dangerous. Not only can it affect your legal proceedings, but it can lead to emotional trouble in you, your children, and your future relationships. If you are going through divorce, follow these easy tips for managing social media:

Photo by Barney Moss.
Photo by Barney Moss.
  1. Think before you post. If what you’re about to write will reflect badly on you in court, don’t post it. If you’re not sure about something, don’t post it. Jokes might be misinterpreted, that night out drinking with the girls could be used against you.
  2. Don’t post about the legal parts of your divorce. While it’s nice to receive public opinion in your favor, private litigation is just that — private. Negative comments about anything or specifics about your side of the case might end up in the hands of your ex’s attorney, who will not be afraid to use them against you.
  3. Don’t badmouth your ex. Invite a friend over for lunch and verbally trash your ex until you are blue in the face. This is a great way to vent in the privacy of your own home. Badmouthing your ex on social media is not only visible by your ex, his/her friends and family, but by his/her attorney and, importantly, your children. Anything you post can and will be printed and attached to your custody application. Write in a journal instead.
  4. Follow your divorce decree. Some divorce agreements now include provisions prohibiting one parent or the other (or both) from posting pictures on social media or dating websites. If this is your case, abide by those terms.
  5. Check your privacy settings. Even though you will adhere to this great advice and not post anything negative, go ahead and check your privacy settings anyway. Make sure you are not sharing your personal business with the public.
  6. Think before posting. Yes, this is repeated. Remember, the Internet is in pen, not pencil; anything you delete is still out there.

For some people, it’s best to lay low on social media for awhile. How did you handle social media during your divorce?

*Note: This is not intended as legal advice. Contact an attorney if you are concerned about social media’s affect on your divorce proceedings.

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