Social media has become an integral part of our daily routines. In fact, an estimated 4.9 billion people use social media across the world. However, if you’re undergoing divorce proceedings, it could help you to understand the potential impact that social media activity can have on your case.

A Potential for Evidence

In recent years, social media has become a treasure trove of information for lawyers and investigators working on divorce cases. By analyzing the posts, comments, and photos of a spouse, the professional gets a better understanding of their client’s situation and builds a strong case in court.

Evidence on social media can also help lawyers discover hidden assets, uncover infidelity, and even prove questionable behavior. Those are all factors that can impact the outcome of a divorce case. While social media evidence can be a powerful tool, obtaining this proof must be done following the law to avoid ethical issues.

Think Before Posting

During the divorce proceedings, your social media activity can come back to haunt you. Anyone can review your online presence to assess your character and suitability, especially in child custody cases. Consider the potential consequences of social media activity and adjust your privacy settings accordingly. Once something is online, it can be difficult to erase it completely.

Since social media activity can be used as evidence in court, avoid posting anything that could be interpreted as harmful or damaging to your case. Even if a post is harmless or meant as a joke, it could be taken out of context and used as evidence.

It may help to set these accounts to private or limit who can see your posts, especially if you are going through a custody battle. Remember, you want to show the judge that you are responsible. Also, hurtful social media posts may demonstrate that you don’t have the child’s best interests at heart.


It Goes Both Ways

Accessing someone’s social media accounts without their consent is considered a violation of privacy laws. Even if you have access to your partner’s accounts, using any information obtained through these means could be seen as unethical and potentially harmful to the case.

Instead, you can work with a legal team to gather evidence through lawful means, such as obtaining a subpoena or court order. By following the proper channels, any evidence presented in court is more likely to be admissible and is less likely to negatively impact your case. Remember that it is important to prioritize following the law and protecting your legal rights throughout the process.

Consider Social Media Cleanup

It can be tempting to share every detail of your personal life online. However, when it comes to a divorce case, exercise caution and restraint. Even seemingly harmless posts can be misinterpreted and used against you in court. This can be a good time to look through all your past posts If something is embarrassing or harmful, delete it. Think of it as turning over a new leaf.

In addition to deleting potentially harmful posts and photos, consider changing your profile picture to something appropriate, such as a professional headshot. You should also check your friend list and delete potentially problematic parties. Along with that, review any comments or messages that you’ve sent or received.

Taking these steps can help make sure that your online presence doesn’t negatively impact your divorce case. It also helps you move on from the relationship with a fresh start.

Seek Professional Guidance

A knowledgeable New Jersey family law attorney can review your social media accounts and may be able to advise you on what content to remove, what information to disclose, and what to refrain from sharing. Additionally, they can help you understand the legal consequences of your social media behavior and work to protect your rights and interests throughout the proceedings. By working closely with a divorce lawyer, you can make sure that your social media behavior does not jeopardize your case.

A New Jersey Family Law Attorney Is Ready to Help

If you want to learn more about social media and divorce, talk to a New Jersey family law attorney. Morgenstern & Rochester provides a variety of family law services throughout Cherry Hill and surrounding areas. To arrange a consultation, call us at 856-489-6200 or fill out and submit our contact form.