5 Tips for Using Social Media During a Divorce

Social media posts can be used as evidence in any type of legal proceeding — including a divorce case. When you have a pending divorce case, it’s essential to use caution when posting on social media. In this blog post, Las Vegas divorce attorney Joseph Gersten offers five tips for using social media during a divorce.

Tip #1: Avoid Using Social Media When Possible

Many lawyers advise clients to stay away from social media entirely throughout any legal proceeding. While that is sound advice that applies when you have a divorce case pending, avoiding social media entirely may not be realistically possible in some situations. If you own an online business, publish a blog, coordinate your children’s activities, or use social media for another purpose unrelated to the divorce, posting may be such an essential part of your daily activities that you simply cannot eliminate it without unacceptable consequences.

If you decide to continue using social media during a divorce, keep in mind that all your activity is visible to your soon-to-be former spouse and their legal term. Your posts can be introduced in court if they are relevant to any issue in the divorce case. Any statement you make or photo you post can be taken out of context and used against you. Posts by your friends and family are also fair game for the opposing side.

Issues that can be affected by social media posts include matters involving child custody and visitation, such as your fitness as a parent. No matter how lighthearted a post about you or a photo might seem at first, it could be characterized to the court in a completely different way. Posts that reveal information about property and assets can also be detrimental, if they provide information relating to property division in the divorce.

Tip #2: Do Not Post About the Divorce Case

If you continue using social media while the divorce is pending, you should avoid any posting anything that relates to the legal proceeding itself, including comments about the judge or opposing counsel (or your own lawyer) and other matters relating to the case.

You should refrain from using social media to air your complaints about your spouse or comment on their social media. Publicly badmouthing or fighting with your spouse can reflect negatively on you rather than your spouse and can adversely affect the divorce case.

Do not count on your privacy settings to protect your social media posts. You should assume that anything you put on social media might be produced as evidence in court. You should ask friends and family to avoid posting about you and your divorce for the same reason. It might not even be your own posts that come back to haunt you.

Tip #3: Do Not Use Social Media as an Emotional Support System

Going through a divorce is an emotionally difficult and draining time. It’s essential to have a support system of family and friends who can help you through the process and provide an outlet for you to discuss all your concerns. But you should not use social media to communicate with anyone who is part of your support group. Find ways to privately carry on those discussions, to avoid having your comments or someone else’s posts becoming part of your divorce case.

If you decide to continue to post on social media, you should focus on presenting a positive image of yourself, one that is completely unrelated to the fact that you are going through a divorce. As difficult as it may be to maintain a positive public persona, the outcome of your divorce case may depend on your ability to do that. If you find it impossible to keep a positive public attitude, consider staying off social media completely until the divorce is final.

Tip #4: Do Not Try to Use Social Media to Bolster Your Case

Trying to bolster your position in the divorce case through social media posts is not likely to help your case — it could even backfire and make the situation worse. You should assume that your spouse’s legal team will dig through your social media posts on an ongoing basis. They will monitor the activity of your friends and family too. And they will use what they find against you in court whenever possible.

Make certain that everyone in your circle of friends and family understands the importance of keeping your case off social media. They may think that posting about you will be helpful if you do not make the risks clear.

Tip #5: Follow Your Lawyer’s Advice

Your divorce attorney is likely to discuss social media in your first meeting. Listen carefully to the advice about using social media and follow it. Your lawyer’s goal is to protect your rights and interests throughout your divorce case. Their recommendations about social media are consistent with that goal, even though complying with the advice by avoiding or limiting social media activity may be a challenging task.

Schedule a Free Consultation With an Respected Las Vegas Divorce Attorney

If you are considering filing for divorce in Nevada, Las Vegas family law attorney Joseph Gersten is here to help. He draws on his extensive experience in domestic matters, including child custody and support, property division, and alimony (spousal support), to protect your interests and pursue cost-effective resolution of all issues.

The Gersten Law Firm assists clients in Las Vegas, Henderson, and elsewhere in Clark County. Your initial consultation is always free-of-charge. Call 702.857.8777 or complete the online contact form to schedule an appointment.

Categories: Nevada Family Law