Most people have at least one social media account. There are so many forms of social media available on various platforms–Facebook, Instagram, Snapchat, and Linkedin, among others. People facing a divorce often ask: does the use of social media have an impact on a divorce proceeding? As a simple answer: it might. In fact, with the click of a mouse, you could sabotage your divorce or child custody action.
For example…
Suppose that Jack and Jill are getting divorced. Jack and his new girlfriend go to Europe. Jack’s girlfriend has family in Europe, and her family paid for their flights. While there, Jack and his girlfriend explore several prominent destination spots. Jack’s girlfriend posts pictures of their trip to her social media account. Jack’s girlfriend is a professional photographer and manages to capture shots of their food and surroundings to make their location and lifestyle seem glamorous. Unfortunately, Jack’s girlfriend tags Jack in these photos on Facebook, so the photos appear on his page too.
On the surface, it would appear that Jack has money for an expensive vacation – what the photos do not reveal is that Jack spent no more than $400 on the entire trip. The photos do not reveal Jack working remotely during his trip, although he does work during his trip because he cannot afford to be away from work. Although Jack’s Facebook is private or mostly private, Jack’s social media friends are social media friends with social media friends of Jill’s. Ultimately, Jill sees these photos. When Jack requests alimony from his ex-spouse Jill, Jack’s request is denied because the judge sees that Jack has the means to travel to Europe and dine at French restaurants.
If you wouldn’t want the judge to see it…
Email and text messages are admissible in court; Massachusetts courts may also use evidence from social media accounts against a party in a divorce action. One rule to consider in a divorce: if you would not want all parties and the judge to see your posts, then the post should not be uploaded. As such, it is important to change your settings to not allow someone else to tag you in photos or upload evidence to your Facebook “wall” without your permission.
Appearances:
Another consideration deals with employment and income, which may come up in regards to issues of alimony, support, or property assignment. For example, Linkedin is a social media platform that may show that your ex-spouse has another job, which may mean that your ex-spouse has more income than originally realized.
Yet another way that social media can play a role in family law deals with its impact on custody considerations. Imagine that you are a parent fighting for your child’s custody. What would happen if a judge saw images of you drinking with friends at the time when you were presumed to have been watching your children? This information could damage your custody case. What if you weren’t drinking, but were with people who were drinking? Even the appearance of your lifestyle could affect how you are perceived in court.
What if you and your spouse agreed to raise your child on a “healthy” diet, but you’re posting pictures of your child eating cookies and junk food? What if your child was unruly and took his coat off during the winter? You posted a picture of your child without a coat on in the snow – does this show poor parenting?
There are countless situations and photographs that could be spun in the favor of your ex-spouse. As such, it is important to note that even if you are a wonderful parent or even if you are accurate in your financial reporting, a judge could make a decision that is not in your favor. After all, the judge is a human and appearances matter.
So what should I do?
If you have a social media account, you should not delete it once your divorce litigation begins. However, it is important to refrain from using your accounts because your words and posts may be used against you in your divorce action or child custody case. You also should not use dating sites or applications until your divorce is finalized.
Many people believe if an account is private or if settings are adjusted, then nobody can see their posts. This is untrue. Many social media platforms change their digital privacy settings often; this could lead to the revealing of your “personal” photographs or posts. In addition, in this connected world in which people live, there are often very few degrees of separation between people. You may have a friend who has a friend who reveals your personal information to your ex-spouse.
Are you looking for an experienced Newburyport or Andover divorce lawyer or family law attorney? If you are seeking a competent divorce lawyer or family law attorney, please contact our offices by phone at 978-225-9030 during business hours or complete a contact form on our website. We will respond to your phone call or submission with prompt attention.