Aaron Thomas Law Blog

Social Media and Divorce

These days, what you say on Facebook or Twitter can be copied, sent around the world, and get you fired before the day is over. So itís no surprise that the things people post online often make their way into divorce and custody cases as well.

Social media increasingly plays a role in divorce today. Facebook is a treasure trove of potential evidence for a divorce case. In one place, you can see photos of a parentís behavior, groups one belongs to, the type of language one uses, and much other information. Affairs have even been discovered via Facebook and other social media. During a custody battle, if one parentís photos are all of outings with the children, and the other parentís photos are all of drinking or partying, social media could end up playing a central role in the courtís decisions.

Facebook and Twitter can also show locations where individuals ďcheck in.Ē A person who checks-in often on social media is creating a timeline of where they have gone, and whom they are with. Depending on where a parent frequents, this could be either good or bad for their custody case.

Erasing posts is often ineffective to hide embarrassing or incriminating past behavior, as there are various tools for saving or retrieving social media posts. If you are in the midst of a divorce or custody battle, you should assume that anything you post online will eventually be shown to the judge deciding your case.

Individuals facing a divorce or custody battle should recognize that while used for fun, social media can have some very serious consequences if your posts show something different than the image you plan to present to the judge. Recognize that anything you post on social media today can be saved and stored indefinitely Ė and even used against you in court.