Are You Allowed to Use Social Media During a Divorce?

Maryland Law Blog

October 17, 2019
Category: Divorce

In today’s world, it’s hard to go even a single day without getting on social media. Whether you use it to check up on relatives and friends, post about your day, or otherwise, it’s important to approach social media with caution when you’re going through the process of your divorce.

Although you are legally allowed to use social media during a divorce, a reliable and honest attorney will tell you that it’s something that you must exercise great caution with if you choose to use it. Social media is somewhat of a double-edged sword in that it can expose information that could either help you or harm you in your divorce case. Here’s how:

Social Media Posts Can Be Used as Evidence

In addition to emails and text messages, both Facebook messages and public social media posts can be used as admissible forms of evidence in a court case. If information that is negative or is contradictory to a position you have taken in your case is posted on social media, it could negatively impact your legal proceedings and may impact a settlement.

Social Media Posts Can Affect Custody Agreements

If social media posts show you or your ex-spouse engaging in risky behaviors around your children, it has the potential to significantly alter judgment and can affect child custody, as well as a property settlement. This evidence can be used even if the parent did not directly post it themselves. If you or your ex-spouse are tagged in images or posts on social media that contradict the agreement(s), it can still be used against you in court.

Social Media Posts Can Expose Hidden Assets

When you and your ex-partner go through divorce proceedings, each of your assets will be acknowledged. If, as the process continues, you or your ex-spouse make social media posts that expose assets that weren’t mentioned previously, like new cars, luxury items, or expensive vacations, you run the risk of altering the court’s decision and may not receive from your ex what you originally agreed upon, and vice versa.

Tips for Using Social Media During Your Divorce

  • Speak with your friends and family members about avoiding making social media posts that involve you, especially if the posts could damage your divorce case.
  • Do not post anything that you wouldn’t want your ex-partner to see.
  • Change the passwords to your social media accounts as early as possible in the divorce process.
  • Be honest with your divorce lawyer, and with the courts, about what digital content you post online.
  • Remember what you post online today can be evidence against you tomorrow.

Alan Billian is a professional divorce lawyer in Owings Mills. Reach out today to find out the appropriate steps to take in order to ensure the security of your social media information during your divorce.

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