Role of Social Media in Divorce

In days gone by, it was relatively easy to keep your life private. But in the modern age, there is very little privacy. Outside parties constantly monitor other people’s conduct: there are cameras at traffic intersections, on drones scanning neighborhoods and public events, in stores and shopping centers, and even in workplaces. Even more, people themselves share many aspects of their lives on social media sites. If you are involved in a divorce, social media postings by you, your spouse, or even by friends or strangers can be used as evidence related to issues in your divorce. For help in understanding the role of social media in divorce, call Doppelt and Forney, APLC. Our San Diego divorce attorneys help clients with a broad variety of marital dissolution and other family law matters, and we are available to assess your case.

While many people see benefits to participation on social media sites like Facebook, Twitter, Snapchat, Instagram, YouTube, and other sites, posting information on these sites also means that it is possible to trace your whereabouts, your conduct, and even your moods not only in real time, but reaching back weeks and months—even years—if you are the sort of person who utilizes social media to keep up with friends and family.

And recent statistics compiled by SocialMediaToday.com reveal that many people do just that: adults spend an average of about two hours per day on social media, most often posting and chatting from a mobile device, such as a smartphone or tablet, everywhere they go. Consequently, it is not surprising that social media sites can be mined by adversaries in litigation, including in divorce, to find information they might not otherwise obtain.

California is a “no fault” state when it comes to divorce, so finding evidence of infidelity or other bad conduct by a spouse on social media is not necessarily damaging in a divorce case. However, there are other things that can be revealed by social media, including evidence that may affect asset division, spousal support, or even child custody. For example, a post about a lavish vacation may indicate that a separated spouse has hidden assets, is understating income, or is wasting marital assets. An experienced divorce lawyer can assess whether your social media usage may impact your case in this manner.

One use of social media is to contact old friends and to meet new ones who may share common interests. However, in some cases, this can lead users to engage in relationships that undermine their marital relationship. Connecting with an old flame, or starting a relationship with someone new after meeting through a social media site has led, more than once, to the divorce court.

The role of social media in divorce can impact relationships in other ways, such as if a spouse who is angry or upset posts information or airs a dispute or grievance with or about a spouse or a spouse’s family member that is better left unsaid—at least in the public sphere. People will often post things without giving careful thought to whether what they are saying is completely true, or can be misconstrued, or is hurtful or seriously damaging to someone’s feelings or reputation. Once published on the internet, it is hard to undo any damage done.

Social media use is so prevalent that people often do not appreciate about how their social media postings might be utilized by people whose interests do not align with their own, such as a divorcing spouse. If you are involved in a divorce, not only should you be careful about your own social media use, but you may need to monitor your spouse’s social media accounts to protect your interests. For help or advice about the role of social media in divorce, call Doppelt and Forney, APLC at 800.769-4748 or contact us online to set up a free in-person or virtual consultation. Our family law attorneys offer advice, assistance, and representation to clients in San Diego and other communities in the greater metropolitan area, including Chula Vista, Del Mar, Coronado, Carlsbad, Encinitas, La Jolla, Oceanside, Rancho Santa Fe, Ramona, San Marcos, and Valley Center.