- July 23, 2024
- Kelvin Birk
- Divorce
Divorce is one of life’s greatest stressors, especially when it is a contentious one when partners are fighting over issues such as property division and child custody. This is why it is so important for those even thinking of divorcing to remember that anything posted on social media can be used as evidence against you in court.
You may be innocently posting comments, opinions, photos, statuses, tweets, etc., on social media such as Twitter, Facebook, or Instagram, intending to share only with people you trust, but sometimes even the smallest detail can affect your divorce claim and blow your chances for the best possible settlement or custody arrangement.
People often think that since they are not “friends” with their spouse on social media or their profile is “private,” their spouse will not have access to this information. Not true. Even if your spouse cannot access your information directly, someone else might post something that shares this information without realizing that it would be harmful to you.
Be aware that your future ex’s divorce lawyer knows that your social media presence is one of the best places to look for incriminating evidence against you. Pictures, comments, or statements that you make online can provide information on new relationships, new purchases, new investments, trips, and your financial situation, and this can be used as ammunition in your divorce. If child custody is involved, some posted material can make you seem like an unfit parent who is always leaving the children, partying, drinking, and acting unstable.
How Social Media Posts Can Be Used in a Divorce
In the divorce process, both parties petition the courts to ask for what they want as far as dividing property, spousal support, and child custody or visitation arrangements. Missouri is an “equitable distribution state, so under Statutes Title XXX. Domestic Relations § 452.330, any assets amassed or earned by either spouse throughout the marriage – up to the date of the final divorce decree or legal separation – are considered marital assets that should be shared during the divorce.
Equitable is not always equal, and if you and your ex do not agree on how to divide the assets and arrange support and custody issues, the courts will decide on what is equitable based on information both spouses are required to provide. This includes a complete disclosure of their finances — incomes, assets, and debts.
To get the best settlement, both spouses’ attorneys will search for any evidence to indicate the opposite party is not telling the truth and their client therefore deserves a better financial or custody arrangement that would be in the best interests of the children. Social media can be a plentiful source of information about you, from showing that you are buying luxury items and living a lifestyle beyond what you say you can afford to showing you are neglecting the children.
For example, if you want primary custody of your children, you do not want to use social media to complain about parenting responsibilities, brag about your kids-free vacation, carry on about their misbehavior, or show them involved in dangerous activities. Even tagged photos from your friends contain information about your whereabouts and the company you keep.
Examples of social media posts and comments that can be used against you include posts that:
- show proof of financial assets and lavish spending, such as you boasting you bought a new expensive car or took expensive trips
- show an unstable mental state or a pattern of neglect toward the children
- provide evidence of behavior such as excessive alcohol or drug use, or gambling
- show evidence of adultery, such as vacationing with a lover while still married
- make negative comments about your spouse that indicate you cannot work together for the best interests of the children or that your spouse needs to obtain a protective order.
Dos and Don’ts for Using Social Media During Divorce
Here are a few tips to avoid having social media used as evidence against you during your divorce:
- Consider avoiding using social media at all and deactivating your accounts during the divorce process to ensure you won’t be inadvertently posting anything that can be used as evidence. Do change your passwords and settings to help make sure information is private and not visible to the public.
- Inform friends and family of your intent to divorce and ask them not to post anything about you, your children, or your spouse or tag you in photos that can harm your reputation.
- Remove your spouse and their friends from your social media pages.
- Be aware that even if you delete your social media accounts or posts that you believe are problematic, they can be recovered and used to indicate that you are trying to hide evidence.
- Try to avoid unnecessary hostilities and maintain a civil relationship with your spouse during this time. Do not complain about or lash out at them, and advise friends and family to avoid doing so or posting anything negative about them as well.
- Search for your name online, and show your attorney anything that may affect your case or indicate that your spouse might be manipulating or posting false information on social media. Your lawyer can investigate and help you determine the best way to use their social media posts to your benefit.
Remember that posting anything during divorce proceedings may unnecessarily complicate your impending divorce, cost you money, and make your life all the more difficult.
Get Help with Social Media and Other Divorce Issues
Your divorce settlement will affect the rest of your life, so it’s not a good idea to go through the process without legal guidance. Whether you are dealing with social media, spousal support, child support and child custody, or any other divorce issues, the family law attorneys at Birk Law Firm can help. In addition to being a lawyer, Attorney Kelvin Birk is also a Certified Public Accountant (CPA), so he knows how to examine financial documents, property, custody desires, alimony requirements, and other matters to create an effective divorce strategy.
We offer a free consultation to discuss your individual situation and determine the best way to move forward and come up with a divorce settlement that helps you move forward with your life. Call us today to see how we can help.
GET HELP NOW 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
