How Social Media Can Impact Your Divorce Case
Social media is a part of daily life for most people. Whether it’s sharing photos, venting frustrations, or celebrating wins, many of us turn to social media to express ourselves. But if you’re going through a divorce or custody dispute, what you post online can become powerful evidence—for better or worse. In Texas family courts, social media posts, comments, and photos can be used to question credibility, challenge financial claims, and even affect custody arrangements. If you’re in the middle of a divorce, understanding how social media can be used against you is crucial. In this blog, we’ll explore:
How social media can create damaging evidence
Why bad-mouthing your ex online is a huge mistake
What you should (and shouldn’t) post during your divorce
The importance of privacy settings
Let’s break it down.
Social Media as Evidence in Divorce Cases
Before social media, evidence in family law cases mostly came from letters, emails, and witness testimony. Then came text messages and emails, making digital communication more prevalent in court. Now, social media is one of the most common sources of evidence in divorce cases.Why? Because social media provides both words and pictures, making it easier to illustrate a person’s lifestyle, finances, and behavior.Here’s how it happens:
Financial Disputes – If someone claims they can’t afford child support or alimony, but they’re posting photos from luxury vacations, it could contradict their statements.
Custody Battles – If a parent claims to be responsible and focused on their kids, but their social media shows them partying every weekend, it could affect their credibility in court.
Parental Alienation – If one parent is publicly bad-mouthing the other parent online, it could be seen as damaging to the child’s well-being, which can hurt their custody case.
Even old posts can come back to haunt you. Family law attorneys often dig through years of social media history to find anything that could support their client’s case.
Why Bad-Mouthing Your Ex Online is a Huge Mistake
It’s tempting to vent on social media when emotions are running high, but publicly criticizing your ex can have serious legal consequences.
Passive-Aggressive Posts Can Backfire
Even if you don’t mention your ex by name, everyone knows who you’re talking about. Posts like:
“Some people just don’t know how to be a decent parent.”
“Tired of dealing with liars and manipulators.”
“Glad to be free from toxic people.”
May seem harmless, but in court, these posts can be used as evidence to argue that you are trying to alienate the child from the other parent. A lawyer could easily present these posts and ask:
🔹 Who were you talking about?
🔹 Did you mean your child’s other parent?
🔹 Are you trying to damage your child’s relationship with their other parent?
If the judge believes your posts are an attempt to turn the child against the other parent, it could negatively affect your custody arrangement.
What Should You Post on Social Media During a Divorce?
The safest answer? Nothing. If you’re asking yourself, "Should I post this?", the answer is probably no. Even innocent posts can be twisted and misinterpreted. For example:
🚫 Posting a selfie with a drink in hand – Could be used to argue you have a drinking problem, especially in a custody case.
🚫 Sharing a meme about "crazy exes" – Could be taken out of context and used as evidence of hostility.
🚫 Posting vacation photos – Could be used to argue you have more money than you claim, affecting alimony or child support. Even if you think your social media is private, remember—nothing is truly private online. Screenshots can be taken, friends can share posts, and attorneys can subpoena social media records.
The Importance of Privacy Settings
If you can’t resist using social media during your divorce, at least tighten your privacy settings.
🔒 Make your profiles private – This limits who can see your posts.
🔒 Limit friend requests – Avoid adding new people you don’t trust.
🔒 Block or restrict access – If there are people who might share your posts with your ex, block them or adjust their settings.
🔒 Turn off location sharing – You don’t want your whereabouts being used against you.But even with tight privacy settings, be cautious. If your profile is public, lawyers, private investigators, and even the other party’s paralegal can easily gather evidence from your social media.
Can You Delete Old Posts? Be Careful.
If you realize you have damaging posts from the past, your first instinct may be to delete them. However, deleting social media posts during a divorce could be considered tampering with evidence (also known as spoliation of evidence).Instead of deleting posts, talk to your attorney about your options. In some cases, deactivating your account may be a safer alternative.
When in Doubt, Take a Social Media Break
Social media can be addictive, and it may feel unnatural to stop using it altogether. But in the grand scheme of things, a few months of silence is a small price to pay to protect your case.If you must stay active on social media, follow these rules:
✔ Stay positive – Avoid negativity about your ex or your legal battle.
✔ Think before you post – If you wouldn’t want a judge to see it, don’t post it.
✔ Avoid posting about money, vacations, or new relationships – This can all be used against you.A simple rule to remember: If you’re unsure, don’t post.
Final Thoughts: Social Media Can Make or Break Your Divorce Case
Your social media activity may feel harmless, but in a divorce or custody case, it can have real consequences.Here’s what to keep in mind:
🔹 Anything you post online can become evidence in court.
🔹 Bad-mouthing your ex can backfire, even if you don’t mention them by name.
🔹 Deleting posts can be considered evidence tampering.
🔹 Tightening your privacy settings is smart, but it’s not foolproof.
🔹 Taking a break from social media is the safest move. At Hembree Bell Law, we help clients protect their legal interests during divorce and custody disputes.