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Can Social Media Be Used as Support in Divorce?

can social media be used in divorce cases

Social media has become a part of our everyday lives, posting our days, dinners, and even vacations. 

But as we all know social media can be a dangerous tool as it is all too easy to raise controversial opinions and display emotions behind the keys of a message board. 

Throw in divorce and it might just be a recipe for disaster. If your spouse is talking bad about you online or acting unwisely, can social media be used as support in your divorce case? 

Evidence in Divorce Cases

Because social media is prominent in our lives it may be used as evidence in divorce cases. Typically, it is used to demonstrate things like infidelity or inappropriate behaviours. 

This is typically harder to prove as it falls into the “he said she said” but social media has proven to be helpful when the spouse alleges infidelity, lifestyle issues or spending, etc.

Social media posts can also be used to give the court insights into a variety of family and divorce law matters. This is especially true when issues of credibility arise. 

For example, posting rude or inappropriate photos on Facebook, or bad-mouthing your ex-spouse through status updates on Twitter, for example, may be detrimental to one’s reputation.

These posts can be used to influence a judge’s decision in allocating assets and custody and access to any children.

How to Ensure You Do Not Become Victim to Social Media

In this day and age, it is very easy to become subject to the “cancel culture” that social media can have. This also relates to divorce, as posts that mean well can be taken out of context. 

In order to protect yourself during a divorce, it’s best practice to assume that everything you post online is public and irreversible. Even if you delete a post, someone may have taken a screenshot or saved it to their personal device.

If you do use social media it is best to:

  • Enable a private account in your settings.
  • Create strong passwords and update them frequently.
  • Consider deleting and blocking the opposing party as well as any friends or family who might share your online activity with them.
  • Take a second before you post anything as you don’t want to give your ex-spouse any additional opportunity to take assets that belong to you. 

Moral of the Story

It has become increasingly common for divorce lawyers to advise clients against using social media and texting during divorce proceedings, especially when stating feelings or opinions about the ongoing case. 

A most important thing to keep in mind before posting is that, if you would not feel comfortable with your posts being read aloud in a courtroom, do not post, share or update accordingly.


We know our social media can be extremely addictive and hard to stay away from, especially when friends and family are posting about their lives. 

If you are getting a divorce, be sure to contact us for a free 30-minute consultation, to ensure that you are making the right decisions.

Although you might feel like you don’t need a lawyer for your divorce, it’s best to connect with one to ensure that you aren’t subject to any legal implications. 

This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.