How Social Media Increasingly Plays a Role in Family Law Matters
According to recent statistics, nearly two-thirds (62%) of people worldwide have a presence on social media on a daily basis. The average daily use of Facebook, X, TikTok, YouTube and other social media platforms is nearly 2 and ½ hours. That may be critical to maintain an active and healthy social life, but it can be highly problematic if you’re involved in a divorce or family law matter.
How Can Social Media Activity Hurt You in a Divorce Proceeding?
In a divorce, as with any legal proceeding, evidence is essential to successfully argue your case before a judge and jury. Evidence can include anything that has relevance to your case. Simply put, just about anything that you (or someone else) post on social media can be considered evidence (provided it’s relevant) and may be used against you in any legal proceeding. That might include:
- Pictures posted of you doing something that could hurt your case, including photos with someone who could be construed to be a love interest, photos of you engaging in activities that may be deemed inappropriate for a parent, or photos of you engaged in activities that allegedly dissipated marital assets
- Posts about affairs, love interests, expenditures, income or access to assets
- Communications with anyone, including someone with whom you may allegedly have had an adulterous relationship
- Posts that may call your mental health into question
How Might Your Ex Use Social Media against You in a Divorce?
Your spouse’s legal counsel may use social media posts as evidence to establish:
- The grounds for a divorce—Though Texas is a “no-fault” state and does not require that you state grounds for a divorce, there are advantages to doing so. Your spouse’s attorney may use social media posts to establish marital infidelity, for example.
- Your financial irresponsibility or need for support—Posts about ways that you have spent money, from vacations to personal items, can be used to prove dissipation of marital assets, and may also be used to argue that you don’t need spousal support. It can also be used to demonstrate that you have the means to pay alimony.
- Your fitness for custody and visitation—The courts in Texas are bound by law to give priority to the best interests of the child in custody and visitation matters. Posts that suggest immoral behavior or otherwise imply that you might post a risk to your children can be introduced into evidence.
Should You Simply Delete All Your Prior Posts?
Absolutely not. First, just because you delete them doesn’t mean they cannot be retrieved. Additionally, if it appears that you intentionally deleted posts so that they wouldn’t be used as evidence, you could be guilty of tampering with or destroying evidence, which could get you into a whole lot of trouble.
What Is the Best Social Media Strategy during a Divorce?
The best thing you can do is take a hiatus from social media. Deactivate your social media accounts and communicate with your friends and family by phone or in person. In addition, ask others not to include you in any posts until your divorce is finalized. You may be photographed at a social gathering, with the picture unwittingly posted by a friend. Because pictures are always subject to interpretation, it could come back to haunt you.
Contact the Experienced Divorce and Family Law Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have more than 40 years of experience successfully helping people throughout Texas who are involved in a divorce or other family law matter. We have a comprehensive understanding of custody and visitation, child support and alimony, and the division of marital assets under the community property laws in Texas. To learn more about your options and how we can help you achieve your goals in a divorce or family law dispute, Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
