Divorce through the court is a highly exhausting experience for couples, and it can be even harder when you and your spouse are fighting over every issue. If you have children, you have even more court cases to worry about. It’s understandable that you need to unwind and relax in your private time. However, it’s also important to take care with what you put online. An experienced St. Charles, MO, divorce attorney can help you navigate this balance, protecting your interests during your case.
Social media is a big part of many people’s lives. A divorce case is a serious situation, and your actions online should reflect this severity. Parents in a contentious and ligated custody case have to take particular care online. Some posts can jeopardize your financial stability following a divorce or prevent you from having as much custody of your kids.
Can Social Media Impact a Divorce?
Yes, social media can affect a divorce in Missouri, particularly one in litigation. This is because each spouse will have their own attorney who looks out for their interests. These attorneys will be looking for evidence against the other spouse. Your posts on social media can be used against you, and they may affect the divorce in several ways, including:
Division of Property
In a litigious divorce, the court divides your marital property by equitable distribution laws. Instead of an equal split, the assets are divided equitably based on several factors. Some of these factors include the separate assets of each spouse, their income, and their earning capacity.
Posts showing excessive spending or a lavish lifestyle can be used to claim that you don’t need as many marital assets or even claim that you hid assets during the discovery process. Hiding assets during court-ordered discovery is illegal. Even if the claims are untrue, it can lengthen the divorce process.
Spousal Maintenance
Similar to property division, certain social media posts can harm your case for or against spousal maintenance. Many people need spousal maintenance to maintain their standard of living during and after a divorce.
Posts about expensive purchases can be used as evidence that you do not need spousal maintenance or proof that you can afford to pay for your spouse’s maintenance. Posts about a new significant other can also be used by your spouse to claim that you have sufficient financial support if you are cohabitating.
Child Custody
Child custody is an important part of divorces where spouses have children. Litigated child custody cases are difficult, and the court must determine the child’s interests to decide the right custody arrangement. This includes determining the fitness of each parent to provide care for their child. Social media posts where you are partying, gambling, exhibiting alcohol or drug use, and engaging in certain other activities can be used as proof that you are unable to provide that care for your children.
Every divorce is unique, and there may be other unique issues in your divorce that require extra care online. Your divorce attorney can help you determine what is relevant to you and your family.
Posts to Avoid During a Divorce
Both photos and text on social media can be potentially dangerous.
- Partying or “Irresponsible” Behavior: These posts are important to avoid in custody cases. A divorce is not easy, and it’s completely understandable that you need time away and with friends; just don’t post it online. Be sure that your friends do not post pictures of you, either.
- Excessive Spending: Vacations, vehicles, jewelry, art, and other expensive purchases are not always wise during a divorce. It is even more harmful when you post about these purchases.
- Negatively Discussing Your Spouse: It’s common and understandable to have frustration about your spouse and about the divorce proceedings, but don’t complain about it online. These actions can lead to a negative story about your character.
- New Relationships: Even if a new relationship is not considered infidelity, you should avoid posting about it.
Rather than talking about the case or your personal life online, find a support network of friends, family members, and professionals to help you through this difficult time. Focus on posts that are positive and show your love for your children and your family.
FAQs
Q: What Should You Not Post on Social Media During a Divorce?
A: There are several types of posts that can be used against you if you are in a contentious and litigated divorce. Social media posts can be harmful to these proceedings, especially posts:
- Complaining about your spouse
- About medication, drug use, or medical issues
- Complaining about being a parent or your children
- Showing expensive purchases, vacations, or an otherwise lavish lifestyle
- About partying, gambling, and drinking
- Showing a new significant other
These posts can be used by your spouse in a divorce.
Q: Can Social Media Messages Be Used in Divorce Court?
A: In Missouri, the law allows social media posts to be used as evidence during a divorce case. These include your direct posts, your comments on other posts, posts by your friends that you are in, your direct messages, and other sources. Your presence on social media can be used to paint you as someone who is unable to care for your children or does not need as much monetary support.
Q: Should I Delete Social Media When Going Through a Divorce?
A: No, you should not delete social media posts or accounts during a divorce. Deleting this information may be considered suspicious, or even the destruction of important evidence. Often, deleted posts can still be found and used, and having deleted them will make them seem worse than they may be. If you have posts on your social media that you are worried about, discuss them with your attorney.
Although you shouldn’t delete social media, it can be helpful during a divorce to deactivate your account, remove the app from your phone, or log off.
Q: Should I Post on Social Media During a Divorce?
A: While you can post on social media during a divorce, it may not be the right idea. If you do, watch what you post and avoid information related to the case or behavior that may be seen as irresponsible. If you think that you cannot avoid posting this type of content, it may be better to log off. Social media posts can be used as evidence, and they often are if your divorce is handled through court. Therefore, you can protect your interests by avoiding it altogether.
Contact Stange Law Firm
A qualified and compassionate attorney is a necessary ally during a contentious divorce. Contact the team at Stange Law Firm today.
