How Can Social Media Affect My CA Divorce Case?

Social media is present in our lives every day. For some, it is a way to stay connected with family and friends who may not be local, while others may use social networking and social media for less healthy engagement. Regardless, almost none of us have an exclusively private life anymore, which may significantly impact your divorce proceedings. If you are considering divorce, you may benefit from consulting with a Los Angeles divorce lawyer from Martin Family Law Group.

Social Media and Divorce

Social media has begun to play a crucial role in investigations, depositions, and court proceedings for divorce cases. In fact, an article from the National Law Review reports that over 80% of divorce attorneys find something from social media worth presenting in court. Nearly 60% of cases from the national law review data reported that Facebook is one of the primary sources of evidence for their case.

When considering how social media may affect your case, you should consider why someone may be looking into social media activity. In a divorce, mainly if children are involved, nearly every aspect of your life will be scrutinized. Some of the many situations this can impact can include:

  • Assets
  • Proof of infidelity that may trigger prenuptial agreement conditions
  • Character assessment for child custody arrangements
  • Establish contradictions in testimony
  • Establishing expectations for spousal support

Consequences of Social Media During Divorce

Social media is an outlet for so many people. Almost anywhere you go, you can find groups and areas of people with similar needs and interests that make it feel like a safe place to vent or share. However, when this information is publicly posted, it may become admissible as evidence.

For example, an instance of one spouse posting a photo with another love interest online during the time of the marriage could certainly affect proceedings. It could be a post in a group troubleshooting a problem with a new motorcycle where you find your soon-to-be-former spouse hiding or bragging about a raise they got but didn’t tell you about. It could be pictures of a night out on a day that your spouse said they had to work and couldn’t utilize visitation with the kids.

However, if your social media portrays you as a balanced, level, and reasonable person, this may work to your advantage. Your digital footprint can do a lot to corroborate or contradict your testimony in court and how you present as a person. Most people are not the same in a professional setting like court as when we’re having mimosas with our friends, but our core stays the same, and social media can help highlight who we are or show that we are not what we present.

Protect Your Case From Social Media

Often, an attorney may advise you to minimize your social media presence during a divorce. Previous posts may already be out in the world, but you can minimize any additional risk by being cautious about what you post during your divorce. It may be best to avoid posting anything about your ex or significant things happening. You may also want to avoid sharing much about trips, new experiences, or anything that may be used against you. If you are unsure, speak with an attorney. Martin Family Law is a female-owned firm that understands how messy a divorce can be. We will work with you to determine your needs to get you to the other side of your divorce and put you in the best position possible.