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How Social Media Can Hurt Your Divorce Case

Posted on in Divorce

How Social Media Can Hurt Your Divorce CaseMany users of social media have gotten into the habit of oversharing personal information. They have an unfounded belief that only a select group of friends will see what they post online. A savvy user knows not to post embarrassing or incriminating information about themselves to Facebook, Twitter, or any of the other popular social media applications. People going through a divorce must be even more cautious about how they use social media. A divorce attorney will investigate the opposing spouse’s social media accounts for evidence to use against him or her. Seemingly benign posts can damage someone's reputation in the context of a divorce. Divorce courts are given discretion in settling cases, and damaging social media posts may affect the:

There are several instances in which social media can be used against you during a divorce.

Attacking Your Spouse

During a contentious divorce, you may want to vent your frustration through an angry rant to a friend. If you believe that your rant will remain private, you may make disparaging remarks or wild accusations about your spouse. Any electronic communications, including emails, are admissible evidence during a divorce case. An anger-driven rant about your spouse can make you appear emotionally unstable and vindictive, which in turn can impact the allocation of parenting time.

Financial Disclosures

People frequently use social media to post pictures of their trips, social outings and new purchases. These photos can contradict how you are trying to depict yourself in your divorce case. You may be telling the court you have limited financial resources in order to:

  • Receive greater support payments;
  • Reduce the support payments you must make; or
  • Obtain a more favorable share of the marital property.

However, social media posts of your vacation or new car may suggest that you have disposable income and lucrative assets, even when that is not be the truth. 

Online Relationships

Society looks down upon people who openly pursue relationships while still in the process of getting divorced. Illinois divorce law does not penalize people for infidelity, but dating during a divorce can raise doubts about a person’s morals. You may look selfish and uncaring if there is evidence of you having romantic interactions with someone through your social media accounts or an online dating profile.

Protecting Yourself

The best way to prevent your social media accounts from hurting your divorce case is to stop using them during your divorce. However, you should not delete your social media accounts without consulting your attorney. Your past social media posts are evidence, and a court may consider deleting your accounts to be destroying evidence. A DuPage County divorce attorney at Calabrese Associates, PC, can advise you on how to handle social media during your divorce. Schedule an appointment by calling 630-393-3111.


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