Social media has become a part of everyday life for many people. In fact, most people have an account on multiple platforms. While these tools can be useful for staying connected and entertained, they can also pose significant risks, especially during sensitive times such as divorce proceedings. The information we share online, often without much thought, can be used in ways we might not anticipate, and this is particularly true in the context of a divorce.
Social media can be a double-edged sword, offering a platform for expression but also a potential source of evidence that could backfire in court, ultimately affecting the outcome of your settlement. Given the potential for social media to be destructive in such situations, it is generally advisable to take a break from these platforms until your divorce is finalized.
The Impact of Social Media on Divorce Proceedings
Social media posts, no matter how innocent they may seem, can be used against you in a divorce case. Divorce is a legal process where every action, word, and even online presence can be scrutinized. Courts can and do consider social media activity when making decisions regarding alimony, child custody, division of assets, and more. A single post, picture, or comment can be taken out of context and presented as evidence to paint a picture of your behavior, intentions, or lifestyle that may not accurately reflect reality.
For instance, if you post about a vacation, even if it was planned and paid for before the divorce, it could be used to argue that you are financially better off than you claim. Photos with friends of the opposite sex could be misconstrued as evidence of an affair or inappropriate conduct. Even posts that criticize your spouse or discuss the details of your divorce could be used to demonstrate a lack of cooperation or hostility, potentially influencing the court’s view on custody arrangements or spousal support.
Why Abstaining from Social Media is the Best Course of Action
Given these risks, the best course of action during a divorce is to abstain from using social media altogether. This may be difficult, especially if you are accustomed to regularly sharing updates about your life online, but it is a necessary precaution. By stepping back from social media, you eliminate the risk of inadvertently posting something that could be used against you. Deleting social media apps from your phone can help reduce the temptation to engage, making it easier to maintain your silence online during this challenging time.
However, it is important to note that while taking a break from social media is advisable, you should not delete or deactivate your accounts. Doing so could be perceived as an attempt to hide or destroy evidence, which could lead to legal repercussions. Courts may view the deletion of accounts or posts as an effort to spoil evidence, potentially damaging your case.
Managing Social Media During Divorce If You Cannot Quit Cold Turkey
Not everyone is prepared to quit social media cold turkey, and that is understandable. If you find it difficult to completely disconnect, there are steps you can take to minimize the risks associated with continued social media use during your divorce:
- Disable Location Services and Avoid Check-Ins: Refrain from using the check-in feature to share your location or the events you are attending. Publicly sharing your whereabouts can open the door to unwanted scrutiny or speculation about your activities.
- Protect Your Children’s Privacy: Do not post pictures or videos of your children during the divorce proceedings. Even innocent images can be taken out of context and used to question your parenting abilities or intentions, potentially jeopardizing your chances of obtaining the custody arrangement you desire.
- Manage Tagging Settings: Adjust the settings on your social media accounts to prevent others from tagging you in posts. This can help you control your online presence and avoid being associated with posts or comments that could be problematic.
- Avoid Discussing the Divorce: Under no circumstances should you discuss the details of your divorce on social media. This includes refraining from sharing frustrations, updates, or any information related to the proceedings. Anything you say can be used as evidence and may be interpreted in ways you did not intend.
- Refrain from Criticizing Your Spouse: It may be tempting to vent about your spouse online, but doing so can have serious consequences. Negative comments can be used to demonstrate hostility or a lack of willingness to cooperate, which could negatively impact your case.
- Stay Off Dating Apps: Creating a dating profile during divorce proceedings is ill-advised. Introducing new romantic relationships, even if you are separated, can complicate the divorce process and be used to challenge your character or intentions.
When in Doubt, Do not Post
If you ever find yourself questioning whether or not to share a post, the safest choice is to refrain from posting it. Always ask yourself if you would want a judge to see what you are about to share. If the answer is “no,” it is not worth the risk. In the grand scheme of things, protecting your divorce settlement and child custody arrangements is far more important than any satisfaction gained from a social media post.
Seek Guidance from an Experienced Family Law Attorney
Divorce is a complex process that requires careful consideration of many factors. Our family law attorneys in Oklahoma City understand the importance of compromise, justice, compassion in cases involving divorce, child custody, and child support.
If you are going through a divorce and need help navigating the child support process, contact our Oklahoma family law attorneys. Call us at (405) 692-7676 or use our convenient online form to schedule a consultation.
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