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A Basic Understanding of Social Media’s Role in Your Divorce Case.
We now live in a hyperconnected world, and your social media posts and any digital footprint are far more than just a reflection of your online (and offline) life. In many current divorce cases, social media posts can be a powerful, legally binding piece of evidence and influence the court when making custody, alimony, child support decisions, and more.
The Texas legislature is very active in controlling and using social media. Still, many family courts, including those in Texas, are increasingly considering social media posts, emails, text messages, etc., when making critical decisions on your case; your online presence can have real-life legal consequences.
You must note that many serious issues must be decided in any divorce. Additionally, the court can use your online posts, including social media, comments, emails, text messages, photos, videos, etc., as evidence to support or challenge claims made by either party during your divorce.
These posts can be highly significant in a contested divorce, when you and your partner discuss disputes over custody, finances, alimony, visitation, etc. Many divorce lawyers routinely sift through digital data to uncover inconsistencies or misconduct.
Just a few examples of what they may find and use are:
- One parent claiming they cannot afford child support who posts photos of luxury vacations, expensive vehicle purchases, etc.
- A spouse accused of infidelity posting about dates and late night hook ups on social media or showing up as a member on a dating app.
- The parent who claims to be the primary caregiver but, frequently posts from bars, concerts, or out-of-town trips while the child(ren) are left behind.
Texas is a community property state, meaning any assets and debts acquired during your marriage are generally divided equally. However, hidden assets, financial irresponsibility, infidelity, and other issues obtained through social media posts may influence how a judge divides assets and property.
That said, your social media does, in many divorce cases, have a negative or positive impact on the outcome of your divorce; therefore, professional advice and guidance on these posts, with the help of a thorough divorce lawyer, will be invaluable to getting the best outcome possible.
Can Social Media Help Me in My Divorce Proceedings?
When you’re amid a divorce, using social media is often a “double-edged sword.” In recent years, various platforms such as Facebook, Instagram, X (formerly Twitter), TikTok, Snapchat, etc., have become fertile ground for gathering evidence used in Texas divorce proceedings. Whether you’re posting, being tagged by friends, etc., your social media activity will often be used to paint a narrative that could either help or hurt your case.
Just a few ways social media may impact your case are:
- Decisions on child custody – The Texas family courts always attempt to determine child custody based on the child’s best interests. Photos or comments that exhibit excessive partying, drug use, or poor judgment may be used to argue that you lack stability or maturity.
- When deciding on alimony – If you wish to get alimony (spousal maintenance in Texas) but portray a lavish lifestyle through social media, the court may seriously doubt your need for this support.
- Attempting to hide assets – Social media can be actively used to uncover hidden assets by discussing new purchases or undisclosed income.
- Infidelity – One partner’s lawyer, through the use of social media, may uncover fault-based grounds such as adultery. These findings can still affect property division and custody, even in a no-fault divorce state.
Ultimately, your social media can help or be used against you, depending on your side. You must also be aware that even though a post is deleted, it may not be safe. Deleted content or social media data can be obtained from the platforms themselves using a subpoena.
Your best defense is to ensure that your tenacious, experienced, and passionate divorce lawyer has complete disclosure on all your social media use; your lawyer will always assume that everything you post may eventually be shown to a judge and will do everything possible to ensure it’s used in the best light possible.
Can Private Messaging Like Emails, Texts, Etc. Be Used in Court?
Social media is designed to be the most visible part of your digital life. However, even “private” digital communications can be highly influential. Texts, emails, and other “private” data forms are all potentially discoverable in most divorce cases.
When using these emails, texts, etc., some of the key points to remember are:
- Be aware of your tone – Disgruntled, angry, or threatening messages may be used to show emotional instability, abuse, and more.
- Don’t contradict yourself – If your “private” data contradicts claims you make in the courtroom, it can severely damage your credibility.
- Don’t admit to anything online – Messages admitting fault, discussing assets, or other romantic relationships can devastate you in court.
As your knowledgeable and experienced divorce lawyer will explain, nothing you post is private. In Texas, if the digital communications used against you are legally obtained and not in violation of state or federal laws, they are almost always admissible in court.
How Should My Social Media and Digital Life Be Managed During My Divorce?
If you’re in a divorce proceeding, you must get legal advice on your digital life, as digital self-awareness is critical.
Some of the most common things you can do to protect your online reputation and minimize online social media risks are:
- Immediately pause your social media use – Take a break from all social media platforms during your divorce. Even innocent or innocuous posts can be misinterpreted or taken out of context.
- Update all your privacy settings – Remember, privacy settings aren’t foolproof, but they offer a minor level of protection. Always assume anything you post can be made public.
- Never share personal details on social media – Never post anything about your case, partner, children, or legal proceedings.
- Never delete anything without legal guidance – Deleting possible damaging content may seem like a sound move, but it may appear that you’re trying to hide evidence; consult with your lawyer first.
- Communicate with care – Always assume all digital communication may be used in court. Never post emotional or aggressive messages.
- Re-secure all your passwords and devices – Use new passwords, enable two-factor authentication, and be extremely vigilant about who looks at your accounts.
Also, note that your lawyer will be looking for digital evidence that may be used to your advantage. If your partner is dishonest, abusive, or financially irresponsible, your skilled, diligent, and experienced divorce legal team can leverage this digital evidence to bolster your case and protect your rights.
I Use Social Media and Getting Divorced; How Should I Proceed?
Every divorce is highly stressful, emotionally challenging, and some even more so. Therefore, you and your skilled divorce lawyer will always strive to limit the damage that may occur due to your social media accounts.
The Texas family courts always consider a broad range of evidence in divorce proceedings, and today, your online behavior can significantly influence issues such as child custody, property division, visitation rights, support, and more.
The Law Offices of S. Dylan Pearcy has the experience, knowledge, and empathy to manage all aspects of your divorce proceedings, including the highly sensitive and influential material in your social media accounts. Their legal team approaches every case with exceptional legal skills and develops deep connections with their clients and their unique needs. The attorneys in the law office understand that a divorce in Corpus Christi may be very different than a divorce in Marble Falls and strategies are tailored to each individual case.
Call them today at the principal office in San Antonio at (210) 953-7486 for a consultation on your unique case and ensure you’re ahead of these issues before they occur; understanding your digital footprint is no longer an option in your divorce case, it’s essential.
