Social media divorce risks are real, immediate, and often underestimated. What feels like a quick post, comment, or story can become permanent evidence that affects the divorce, child custody, or child support case. In today’s digital landscape, courts regularly receive proof of online activity when evaluating credibility, parenting fitness, and financial claims.
This guide explains how posts on platforms like Facebook, Instagram, Craigslist, and short-form video apps can damage a case and what steps to take to protect yourself during a divorce, child support, or custody dispute. Understanding these risks early helps prevent costly mistakes and keeps online behavior from undermining positive legal outcomes.
Screenshots Last Forever: How Social Media Rants Can Damage Your Divorce, Custody, or Child Support Case
The Impact of Social Media Posts on Family Law Cases
Social media users who share content publicly or privately create a digital record that can end up as evidence in your court case. Rants, posts, likes, photos, and videos, including short-form videos, can affect divorce, custody and support decisions.
How Social Media Posts Become Evidence in Court
What someone posts, likes, or shares online can become part of the evidence in a court case. The Court can then judge that person on what they said and did. It is not uncommon for social media posts to be part of the evidence in a court case. Often this is by something as simple as a screen shot of what was posted or downloading the video. In other cases, formal requests for records and copies are used to obtain this information, including formal discovery, such as interrogatories or requests for production of documents, or subpoena.
Types of Social Media Posts that Can Harm Your Case
Certain posts on social media can negatively impact divorce, custody, or support outcomes. Common examples include:
- Photos of trips, luxury purchases, or other examples of spending that may undermine financial claims
- Posts offering to sell marital property without the other spouse’s permission
- Posts of using alcohol or drugs or partying behavior
- Posts regarding the children that call into question parenting choices
- Posts regarding illegal activities
- Posts related to unusual or controversial viewpoints
- Posts regarding the other party or their loved ones
- Humor, sarcasm, or jokes that could be misinterpreted, either intentionally or unintentionally
- Likes, shares, and comments that display poor judgment or controversial opinions
A Mistake of the Moment
You may likely feel a wide range of emotions when involved in a disputed custody, divorce or support case. At times, you may be very upset or feel sad. Other times you might feel joyous. It may be tempting to share your thoughts and feelings on social media. What might feel cathartic and appropriate in the moment may cause you problems later. Promise yourself to stay off social media during your case and you won’t have the risk of regretting what you posted in the heat of the moment.
Best Practice for Social Media Postings
Just don’t do it. Unless your livelihood is based in part on your social media posting, the best advice is generally just to stay off social media. Don’t like, don’t share, don’t post. Let your support system know that you are needing to keep your life private at this time and ask friends and family not to post about you, your ex, your children, or your case at this time.
Real-World Examples of Posts Affecting Court Cases
There have been many times that social media posts have become an important part of evidence in a custody, support, or divorce. Sometimes even a post that seems innocent at the time can become a problem. For example, a parent alleged the other party had a drinking problem. Their proof was their testimony and a photo from social media of the other parent drinking alcohol in a party atmosphere. From these things alone, you could see where there could be a cause for concern and maybe custody would not be appropriate with this parent. However, the truth was that the photo was from a relative’s wedding. The type of alcohol and how much was shown in the glass weren’t really reflections of what the parent drank or how much they drank, even on that day. While the explanation was enough to dispel concern in this particular case, the post caused concern early on. It would have been better for the case if this photo had not been posted.
Another common example is when person has created an impression online that is not a true representation or is an exaggeration of the person. For example, a younger father presented himself on social media and dating apps as higher earning than he really was. When the mother sought child support from him, these postings became a real problem for him. He appeared either to be untruthful or able to pay more child support than his income could really support. While he originally saw these postings as more of a persona or innocent exaggeration, they became a legal problem for him in his court case.
Reviewing the other party’s social medial postings can be helpful for your case. For a real world example, a parent had concerns regarding the other party’s alcohol use. The parent claimed they had been sober for some time. However, a review of their friends’ social media accounts showed that the parent was out drinking with their friends and their friends were continuing to post photos of them drinking together on social media. The social media posts showed the parent’s true activity were contrary to their statements regarding their sobriety.
Another common real world example is when a spouse starts selling off marital property on social media without the other spouse’s permission. The items, dates, and sale prices are available as proof on social media. Sometimes reviewing local Craigslist postings or Facebook Marketplace can help you find proof if you believe your spouse is doing the same.
For an example regarding children, a young child was included on a posting timestamped as 12 a.m. This was attempted to be used as evidence of lack of proper parenting or proper oversight, even though the child was only up so late for a special event when relatives were in town.
But What About Free Speech?
If you are reading this, you may be thinking that you should get to post about yourself and your life and that it is protected under your rights to free speech. While it may be legal to post about your life in general, it may not be the smartest move. Even seemingly innocent posts can become a problem for you, such as in the examples above. Further, sharing or oversharing on social media about your life can be seen as a lack of propriety or a sign of immaturity. Especially if you are tempted to post things in anger or when feeling hurt, it may be best to promise yourself to stay off social media, even if your rights to free speech would protect you from your postings being illegal.
Best Practices for Social Media Use During Legal Disputes
If you believe the other party has posted things that could be helpful to your case, it is time to save copies of these now. Share these with your attorney as they may be helpful evidence for you. If the postings have been removed or moved to private, let your attorney know as there may still be ways to obtain copies of the postings.
To best protect yourself, otherwise stay off social media. While you can review the posts of others, don’t post, don’t like, don’t share. Ask your friends and family to do the same regarding you, your ex, your children, and anything that could be related to your case.
Keep in mind that even general postings can be inappropriate. A person posting how karma will come for those who wrong others or similar general, yet pointed postings, can be seen as negative postings about the case and the other party. Just don’t do it.
If you have concerns regarding the other party trying to access your information, change passwords and enable two-factor authentication on your e-mail and social platforms if you haven’t already. Don’t forget that your child’s device might be a way for the other party to try to access your e-mail or social media accounts. Check to make sure you don’t have your passwords saved or access accidentally shared. This is especially true if your child’s device is logged in via your iCloud account. You may be unintentionally sharing your e-mail and private messages.
Keep in mind that you generally can’t start deleting content and accounts. This can lead to repercussions and penalties for destroying evidence. At times, it is appropriate to remove posts, especially offensive ones, or even issue an apology. However, there generally has to be preservation of the original posts and often an explanation as to the reason for removing or altering. Talk with your attorney about the process.
Law Office of Julie Fowler, PC, LLO
Trusted Family Law Attorney in Omaha, Nebraska
Facing a divorce, child custody dispute, or child support matter in Omaha? You don’t have to navigate family law alone. Whether you need an Omaha divorce attorney, an Omaha child custody attorney, or comprehensive family law representation, our experienced team is here to protect your rights and your family’s future.
Contact our office to set up a consultation