Why Social Media & Divorce Don’t Mix

March 10, 2016 - Categories: Legal Articles

Why Social Media & Divorce Don’t MixIf you are one of the thousands of people who enjoy posting their every move on social media and you are getting ready to file for divorce, this blog is for you! While Facebook, Instagram and other social media sites are a great way to keep in-touch with family and friends, they are also a way to get yourself into trouble in your divorce case. All of your pictures and posts can be used as evidence against you by your spouse.

According to a survey by the American Academy of Matrimonial Lawyers (AAML), divorce attorneys across the country are reporting a significant increase in the use of evidence obtained from social media websites in divorce cases in recent years. Facebook is the biggest culprit in providing damaging evidence. However, text messages, emails and computer search history logs also provide detrimental information.

You may be wondering how your social networking posts could hurt you in a divorce action. Consider the following:

  • Pictures of you with the new person you are dating
  • Your post ranting about how awful your spouse is
  • Your post venting about your divorce attorney or the judge presiding over your case
  • Photos of you intoxicated or engaging in other questionable behaviors
  • Any type of evidence that you had an affair
  • Any type of evidence that you were not honest in your financial disclosures

Although Michigan is a “no fault” state and you do not have to prove actual grounds for the divorce, evidence that your spouse cheated or was dishonest could be relevant in a custody battle or in awarding spousal support. Don’t provide your spouse with photos or posts that could be used as support for an allegation that you are an unfit parent or that you were financially dishonest to the court.

It is important to understand that even if you have blocked your spouse from your social media accounts, it doesn’t mean that he or she cannot access the information. In fact, many spouses use a child or friend’s account to see what you are up to.

You should consider taking a break from social media while your divorce case is pending. At a minimum, you should proceed with caution and think through everything before you put it out for the whole world to see. Always consider whether you would want your divorce judge to see or read what you are posting.

Access Legal Care, PLLC, is a Michigan law firm headquartered in S.E. Michigan, but we work with local lawyers throughout Michigan to serve clients in every Michigan County. We provide you with affordable legal advice and legal services related to many common Michigan-law and some Federal-law matters. Call us today at 855.583.6521.