People all over the world use social media – so much so that someone is a bit of an outlier if they do not. And while such ubiquitous social media use can be a great resource for staying in touch with friends and family, it does have its pitfalls. Divorce is a time when social media can easily turn from a tool into a weapon, including being used as evidence in divorce proceedings. While you should always use social media carefully, exercise extra caution during your divorce. An experienced Texas divorce attorney can help you learn more about how social media can be used safely during divorce; in the meantime, here are five things to do and not do.
Do Not Post Negative Things About Your Marriage
Divorce typically comes on the heels of many years of resentment and loneliness. It can be natural to want to reach out to your friends and followers to get sympathy and a listening ear. However, experts caution that saying negative things about your marriage or your ex can become a permanent record that could crop up in divorce proceedings.
Do Make Your Social Media Private
If you choose to use social media during divorce, make sure your privacy settings are carefully set to provide you with the maximum amount of privacy possible. Go through your friends list and remove anyone you worry may comb through your profile for information to use against you. Consider making yourself unsearchable and definitely make it so nobody can tag you in pictures without your approval.
Do Remove Your Relationship Status
Even if you are already dating someone new and you are proud of it, keep your relationship status private. Avoid making public changes that people can see and comment on; instead, go to your privacy settings and make your relationship status visible only to you.
Do Not Discuss Your Case Online
Even though many types of social media may provide what seems and feels like anonymity, chances are someone familiar with your case could guess it is you and share information that you hoped to keep private.
Do Not Look Up Your Ex
It can be tempting to follow your ex’s online behavior so you know what they are up to, whether they are telling the truth in divorce affidavits, or whether they are dating someone new. But staying abreast of someone you should be separating yourself from can lead to unhealthy, obsessive habits and behaviors. You can block your ex on all accounts so they cannot see you and vice versa, but if you cannot resist the urge to follow your ex, consider speaking with a therapist who can help you work through your feelings.
Watch Out for Being Tagged by Others
You do not have to post anything yourself for social media to create problems during your divorce. A well-meaning friend who takes you out for the evening and posts photos could inadvertently hand opposing counsel exactly what they are looking for. A single picture of you at a bar with a drink in your hand — even if it was one drink on one evening — can be framed to suggest irresponsibility. Go through your privacy settings and turn off the ability for others to tag you in posts or photos without your approval first. And consider letting close friends know, quietly, that you are keeping a low profile online during this time.
Be Aware of What Your Posts Say About You as a Parent
If child custody is part of your divorce, what you post — and what you do not post — can both be used to paint a picture of your involvement as a parent. Some parents deliberately avoid posting photos of their children online to protect their privacy, even while spending meaningful, consistent time with them every day. If your spouse is suddenly posting frequent photos with the children and your profile shows little of that, a judge or opposing counsel could draw unfavorable conclusions regardless of the reality. Think carefully about what story your social media presence tells about your relationship with your children — and talk to your attorney about how to handle this strategically.
Never Delete Posts Once Litigation Has Begun
It might seem logical to clean up your social media once divorce proceedings start. Do not. Deleting posts, photos, or accounts after litigation has begun can constitute destruction of evidence — called spoliation — which Texas courts take seriously. The consequences can be worse than whatever was in the original post. If you are concerned about something that is already out there, talk to your attorney before you touch it. The time to be careful about social media is before you post, not after.
Call a Dallas, TX Divorce Attorney Today
It can be difficult to remember all the things you should and should not do during a divorce. At Clark Law Group, our team of skilled Dallas divorce attorneys can give you guidance throughout your divorce and is here to answer your questions as they arise. Give us a call today at 469-906-2266 to schedule a comprehensive consultation and learn more about how we would handle your case.
