Social Media’s Impact on Divorce
Courts may consider social media postings and other activity in many aspects of divorce proceedings. While one spouse may intend to afflict hurt, embarrassment, or disrepute to the other spouse, such efforts might backfire and may be used in court against the perpetrator. Sometimes, unintentionally social media activities may also affect one’s case.
Some of the areas in which social media may impact are discussed below.
Child Custody, parenting, and child support could be negatively impacted if content could be deemed to affect the health and wellbeing of minor children, their safety, or the amount of parental supervision being delivered. Courts are mandated to prioritize the best interests of the child, even if this the outcome not always seems to reflect that. Opposing party may bring to the attention of the court poor judgment calls or situations which may put the child in harm’s way. In cases where there is a custody evaluation underway, it is safe to presume there would be an even greater opportunity for this behavior to come to light and to have severe consequences in the report of the mental health professional to the court.
If the parent posting negative content about their spouse in ways that affect the reputation of the parent in the child’s microenvironment outside the home (e.g. school, sports, or other extra-curricular activities) the court may be concerned about that spouse’s decision-making skills.
Personal credibility and reputation of the party may be ripe for scrutiny and biases may be formed if it is found that a party engages in negative behavior on social media. The court may interpret this behavior as indicative of high conflict or unwillingness to achieve a cooperative resolution.
Privacy concerns are paramount as revealing or sharing private information about the future ex may open the door to a civil suit and other legal issues. This has consequences not only in family court, but may lead to continued legal strife, cost, and time in civil court as well. This may be in the realm of defamation or harassment charges filed in civil court simultaneously.
Since almost 97 of divorce cases settle, there are plenty of opportunities for negotiations of assets, support, timeshare, etc. Negative social media activity can increase the conflict between parties and cause a parties to over-react and become less flexible and willing to concede. It is less likely that you will achieve a mutually agreeable resolution. Moreover, this will increase the need for attorneys to intervene thereby extending the duration of the pendency of divorce and the legal fees associated with it.
Sometimes, the desire to brag about personal effects or proudly share personal relationships online can trigger the modification of support if there is evidence to do so. This can lead to further investigation and evidence gathering and cause irreparable reduction in a lifestyle that was not initially purported. In some states, cohabitation is a strong factor in the court’s decision to terminate spousal support or it is written into the statutes that it is automatic. Of course, more evidence it typically needed to prove that the party’s lifestyle is being funded by a cohabiting romantic partner, it leads to more court appearances, costly legal fees, and the possibility of a reduction or termination of support.
A word of caution is paramount for those who continue to use social media during divorce. Importantly, review and adjust your privacy settings to control who can see your posts. Also refrain from sharing information, photos, or comments that could be used against you in court.
Note: This article is for informational purposes only and is not intended to provide either tax or legal advice. Please contact your attorney or accountant and rely on their independent research and advice for these matters.
