Best Practices for Social Media Use During a Divorce or Custody Case
In today’s digital age, social media is a significant part of our daily lives. While platforms like Facebook, Instagram, TikTok, and others offer ways to stay connected and share experiences, they can also pose risks during a family law case. You should always assume that what you post online can and will be used as evidence in court, potentially impacting the outcome of your case. Here are some best practices for social media use during a family law case to help protect your interests.
1. Think Before You Post
It's essential to be mindful of everything you post on social media. Even seemingly innocent updates or photos can be misinterpreted or used against you. Before posting, ask yourself if the content could be taken out of context or used to question your character or credibility. If you are not sure how it might be used, it is always safer to err on the side of not posting.
2. Adjust Your Privacy Settings
Ensure your social media accounts have the highest privacy settings enabled. Restrict who can see your posts, and be cautious about accepting new friend requests from people you don't know personally or from accounts that are impersonating people that you do know. Remember that even with strict privacy settings, nothing is entirely private online, so continue to be cautious about your posts. At Resurgens Legal Counsel, we have routinely been provided with social media evidence from third parties who are willing to share posts from the opposing party with our client, even if our client is not “friends” with the opposing party.
3. Avoid Discussing Your Case Online
Refrain from posting any details about your case on social media. This includes sharing updates, venting frustrations, or discussing legal strategies. These posts can be discovered by the opposing party and used as evidence against you.
4. Monitor Your Friends and Family
Ask friends and family members to avoid posting about your case or tagging you in posts that could be related to your legal matters (or that might show you in places where you’d rather the opposing party not know you were). Their posts can also be scrutinized and potentially harm your case.
5. Avoid Posting About New Relationships
If you are involved in a new relationship, it is wise to keep it off social media during your case. Posts about new romantic interests can lead to complications in divorce or custody proceedings, potentially impacting decisions about alimony, child support, or custody arrangements.
6. Be Cautious with Check-Ins and Location Tags
Refrain from using check-in features or tagging your location on social media. This information can be used to track your whereabouts and activities, which might be relevant in custody disputes or other aspects of your case. In cases that involve domestic or family violence, you want to ensure that the other party does not have access to information of your whereabouts, which could create serious safety issues.
7. Review Past Posts
Go through your past social media posts to get an idea of what posts may be used against you or may be harmful to your case. Be sure to share what you find with your attorney. You may also want to change your sharing settings as to old posts to ensure that they are not as publicly easy to find. While this won't guarantee that the posts are entirely inaccessible, it can reduce the risk of damaging information being discovered. That said, if you are aware of pending litigation or the risk of litigation, you should be extremely careful not to delete evidence that is relevant to the case. Deletion of evidence of evidence is considered “spoliation” and can be punishable by the court through its contempt powers.
8. Stay Professional and Respectful
Maintain a respectful and professional tone in all your social media interactions. Avoid engaging in arguments or negative exchanges, especially with the opposing party or their associates. Negative behavior online can reflect poorly on you in court.
9. Document Any Harassment or Threats
If the opposing party or anyone connected to them harasses or threatens you on social media, document the interactions and inform your attorney. This evidence can be crucial in your case and may help protect you legally.
10. Consult Your Attorney
Always consult your attorney about your social media use during your case. They can provide specific guidance tailored to your situation and help you navigate any potential pitfalls.
Conclusion
Social media can have a significant impact on the outcome of your family law case. By following these best practices, you can help protect your interests and ensure that your online presence does not negatively affect your legal proceedings. If you have any questions or need further advice, do not hesitate to give us a call at 770-765-7550 or schedule a consultation through our website today.