How Social Media Can Affect Your Divorce Case


Online privacy is an illusion. When divorce lawyers tell their clients to avoid social media, those concerns are often countered with claims that the client’s social media is completely private.


Social media has made some parts of life easier—keeping up with high school friends and learning about local events—and some parts so much harder. Divorce falls squarely in the “more difficult” category. In an ideal world, anyone going through a divorce would know to lock down their social media, keep mentions of their impending split off of the main platforms, and turn to other sources of support. However, what happens too often is that social media inevitably makes divorce messier and harder to navigate. That’s why having a trusted divorce attorney on standby is essential.

When you’re facing dissolution in California, your choice of divorce lawyer matters. Attorney Taylor B. Warner of the Law Office of Taylor B. Warner, APLC is a California Bar Certified Family Law Specialist, bringing her experience to the Inland Empire. She understands the gravity of her work and her role in helping clients through some of the hardest times of their lives. Find out how the team can help you by calling 909-466-5575.

Evidence in Court

No one ever wants to see one of their Facebook posts or Instagram stories show up as a court exhibit, but social media is increasingly featured in divorce and custody hearings across the country. This is particularly the case when there are concerns about hidden assets, hidden sources of income, or the safety of your children. In these cases, you can—and should—expect your spouse’s legal team to be going through your social media looking for clues. Even if the posts themselves aren’t evidence, they can be breadcrumbs that lead to larger and more relevant pieces of evidence.

Privacy Concerns

This leads to our next point: online privacy is an illusion. When divorce lawyers tell their clients to avoid social media, those concerns are often countered with claims that the client’s social media is completely private. But privacy isn’t real online. Friends you think are “on your side” in the divorce can screenshot posts and send them to your ex. Family members who think you’re leaving the marriage for the wrong reasons may give their login data to your ex so they can keep tabs on you. Your ex could create a fake account and worm their way onto your friends list. Expect that anything you post can be accessed by anyone and let that guide your posting decisions. Your divorce law firm may also give you a basic overview of posts to avoid during this process.

Child Custody Disputes

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Social media has steadily increased its role in child custody disputes. When two parents are striving to secure primary or sole physical custody, they often have to prove why they are the more fit parent. In many cases, this means proving why the other parent is unfit. Social media posts showing poor judgment can play a big part in a judge’s decision. Posts showing drug usage, partying during a parent’s custody time, or spending reckless amounts of money on their own luxuries while their children go without, can all swing the court’s favor in the other direction.

This is often actually good news. If one parent is genuinely unfit and the other is the safer choice for full or primary custody, anything that helps the court reach that decision is good. But when posts are misused and weaponized to paint an inaccurate picture of a kind and capable parent, lives can be destroyed.

Financial Implications

When there are issues with child support, spousal support, and the division of assets, social media can often be used to uncover the truth. If one partner claims to have limited income and no assets but continues to post about lavish vacations and luxury purchases, that gives the other partner’s attorney a heads-up that they should look for hidden bank accounts or assets. In fact, social media is often one of the most reliable ways to figure out that something isn’t quite lining up—people who intentionally defraud their spouse during divorce for the sake of benefiting financially are the same people who often need praise from others for their financial status.

Discuss Your Case With the Team at the Law Office of Taylor B. Warner, APLC

If you’re ready to approach your divorce with a sense of calm and a focus on your future, we’re here to help. Call our divorce law firm at 909-466-5575 or get in touch online.


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