Social Media’s Implications on Divorce


Being tethered to our smartphones and tablets and pairing it with social media, it’s never been so easy to broadcast your message and tell the world not only what you’re doing, but how you feel. With that being said, it’s no wonder social media plays a major role as evidence in a divorce.

According to the American Association of Trial Lawyers, 81 percent of all divorce cases in the last year used some form of evidence from a social media site. This poses a red flag for disgruntled spouses going through the divorce process. Without thinking of the implications, spouses are openly broadcasting their divorce and telling the world how they feel about their ex beyond Facebook and Twitter. What spouses fail to recognize is the other spouse’s winning opportunity to use this as evidence in divorce proceedings.

Here are three golden rules to ensure you’re kept in the safe zone when it comes to divorce and social media.

Three Golden Rules For Divorce & Social Media

Rule #1. Think before you talk, post, or tweet about your ex. It’s easy to log onto Facebook, let your fingers do the typing, and then click “post” burning your ex. On top of the emotional charge, social posts can and will be used as evidence. Even if you delete the post after some time, your ex and others could have taken screenshots of the post beforehand. Context of the post can also influence a judge’s ruling on child support and child custody cases. Be cautious and take a minute to ask yourself this question: “Is it worth posting negative and untruthful things about my ex?”

Rule #2. Keep your social networks apart from your ex’s. Be careful whom you engage with. One friend might be loyal towards the other, and this can bite you in the butt. Going beyond social posts, engaging in chat, email, and private messages can also be used as evidence. Keep your personal social circles close and your ex’s circles far away.

Rule #3. Don’t enable geo-location and avoid checking-in. While you’re going through the divorce, avoid adding locations and using check-in applications like Facebook, Foursquare and Instagram. If you’re caught by your soon-to-be ex because he or she finds out “you aren’t where you are supposed to be,” this just adds more fuel to the fire, and an argument will surely erupt. Skip the posting, tagging and uploading process altogether.

Keep in mind as the social media landscape constantly changes, more rules and best practices will have to be disclosed. Having common sense and being a good judge of character is what it boils down to. Contact an experienced divorce attorney if you find out your spouse is making false statements and venting about your marriage and divorce on social media.

Talk To Our Atlanta Metro Divorce Attorneys Today

If you’re going through a divorce and you suspect your soon-to-be ex-spouse posting negatively about you and your divorce, turn to the experienced divorce attorneys at Stearns-Montgomery & Proctor. We will discuss your case including evidence you may have and explain the process and potential outcomes of your Georgia divorce. To schedule a consultation, call us at 678-971-3413 or complete our simple contact form.