With social media impacting so many facets of our lives, it is no wonder it would eventually slide into having a role in a divorce. But just how much of an impact can it have?
Consider that:
- 67 percent of legal professionals use social media evidence in divorce proceedings.
- 80 percent of U.S. divorce attorneys have seen a rise in cases involving social media evidence.
- 31 percent of divorces involve deleted social media conversations as evidence.
- In more than 30 percent of divorce cases, the word “Facebook” appears somewhere in the litigation.
How Is Social Media Used in Proceedings?
In short, social media should not be ruled out when it comes to protecting oneself during divorce proceedings. Be vigilant, be protective, and above all—be smart.
Here are some ways to protect your Facebook, Twitter, Instagram, and TikTok accounts while navigating divorce proceedings:
- Do not post at all. Stop posting to ensure that information cannot be used against you. An attorney has a right to use online posts and comments as evidence during the discovery phase of proceedings. They cannot use what does not exist.
- Do not delete anything. On the other hand, do not attempt to delete information that is already out there. Doing so gives the appearance of trying to cover up unsavory behavior, so just leave it alone.
- Do not post unflattering material. Partying, gambling, and other indulgent behaviors can be used to paint you in a less-than-ideal light. Pull the plug on pictures that could tarnish your reputation.
- Do not make inappropriate comments toward your ex. Leaving nasty comments for your ex or cyberstalking them does nothing to boost your integrity. Walk away to avoid leaving comments you will later regret.
- Change your relationship status. Simply remove all references to dating, marriage, and relationships to avoid opening yourself up to questions about infidelity or moving on too quickly.
- Change your profile settings and passwords. Making your posts and other information private and protecting who you share it with limits your ability to use it. Also, consider unfollowing those closest to your former significant other to avoid sharing more than you want to with them.
- Be positive. While divorce is never easy, keeping posts and comments positive and light helps to show that you are moving forward in a healthy direction. This is especially important in establishing credibility regarding custodial rights and determining the roles of parents in children’s lives.
Why Are Social Media Posts Used?
In short, social media has become an easy way to gather evidence. It does not require the proverbial private investigator-type behavior to shed light on the most contested divorce points.
Profiles can be used:
- To provide evidence. Simple comments that once seemed innocent can be picked apart to bolster an argument for custody, alimony, and property division.
- To support accusations. A spouse can use photos, tags, and comments regarding substance abuse and infidelity to back up an argument.
As a legal form of proof, social media has become quite powerful in the realm of divorce proceedings.
Get Answers to Your Questions With the Toms River Divorce Lawyers at Zeigler Law Group, LLC
If you find yourself questioning something you posted or something your former significant other deleted, it may be time to consult an attorney who can walk you through the ins and outs of the legal ramifications of social media. The Toms River divorce lawyers at Zeigler Law Group, LLC can offer a consultation. Simply fill out the online form or call 732-361-4827 for assistance. Our offices in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey are here to serve our clients in Ocean County, Monmouth County, Mercer County, and Burlington County.