Divorces and child custody disputes can raise a lot of questions, especially regarding social media. A common question is “can my ex use my social media posts in court?” In short, yes. We all know actions on social media can have real life consequences and that can extend into your family law case. Social media posts have become a common piece of evidence used in family law cases. Not only can your social media posts and activities be brought into court, but they could also have an influence on the outcome of your case. With that, it’s important to be mindful about what you post online.
Social Media as Evidence
Social media posts can (and likely will) be used as evidence in Court. Social media evidence can be used to establish relationships in your life, including relationships with a new significant other. It can also include the relationship dynamics between you and your children. Social media evidence can be used to establish finances, including income, possessions, luxury vehicles or any money spent on an affair partner during the relationship. Social media is often used to establish timelines and locations, as social media posts are often time and location stamped. Additionally, where there is a protective order in place, social media can show and violations of that protective order. Social media posts have the potential and the ability to have a massive impact on family law cases.
What Can I Do?
Knowing how important social media evidence can be in a family law hearing, it’s also important to know what you can do to protect yourself. First, limit your activity on social media. The less you post, the less potential evidence you will create. Second, keep your profiles on private. While everything you post is technically public information, it is still important to limit who has access to your profile and posts. Third, it’s important to be mindful of what you post on social media, especially during your divorce or child custody matter. This includes not posting about your case or the other party, and keeping your children off your social media profiles
