For many couples, the choice to divorce is not made quickly. It often takes months – if not years – of hanging in there, hoping to work it out before finally deciding to call it quits. According to national statistics, approximately 2,000 couples make that decision every day in this country.
In today’s world, social media has become an intricate part of many people’s daily lives where they share everything from the big events to the mundane with their family and friends. So, it is not surprising that when many people make the decision to divorce their spouse, they want to blast it all over their social media accounts. Some people feel the need to bash and trash their spouse, while others splash their pages with photos of all the fun and excitement they are experiencing now that their dud of a spouse is gone.
As a divorce attorney will likely advise you, posting anything about your divorce on social media can be a big mistake. In fact, the majority of divorce attorneys in this country report that there has been a large spike in the use of social media as evidence in divorce cases over the past several years. Instead of hiring private investigators to dig up dirt on your spouse, all one has to do is peruse their Facebook and Instagram accounts.
Most states have done away with grounds for divorce or the need to prove marital misconduct and bad behaviors won’t usually determine what the property division or other issues will be. However, this behavior could be considered by the court.
Here are two examples:
A husband is having an affair and that breaks up his marriage. The wife suspects there is money missing from their marital estate. The husband continues the affair while the divorce is going on, posting all kinds of photos on Facebook of gifts he is buying for his new girlfriend and trips he is taking her on. Those photos are used as evidence by the wife’s attorney to show that the husband has used marital assets on his girlfriend. If the judge agrees, the wife may end up with a larger portion of the property settlement or a larger amount of spousal support.
A couple is going through a divorce and the children are currently living with the mother. One a week, the mother goes out with friends after work to area clubs. Photos are posted on Facebook, which show everyone having a fun time. The father’s attorney uses these photos as evidence to prove to the court that the mother has a drinking problem and the father should have custody of the children.
Avoid Social Media
If you are going through a divorce or custody case, it is critical to limit your use of social media in order to give the other side any evidence to be used against you. Even completely innocent postings can result in serious consequences.