Be Wary of Using Social Media During a Divorce
How Social Media Might Impact Your Denver Divorce
While many people are comfortable sharing intimate details about their lives on social media, doing so during a pending divorce case can be disastrous. At Jorgensen, Brownell & Pepin, P.C., we offer advice on using social media during your divorce. Following our advice could protect your interests and prevent potentially damaging missteps online.
Don't let social media jeopardize your case. Call our Denver divorce attorneys today to learn more about how we go above and beyond for our clients, including protecting your online presence.
How Social Media Might Impact Your Denver Divorce
While many people are comfortable sharing intimate details about their lives on social media, doing so during a pending divorce case can be disastrous. At Jorgensen, Brownell & Pepin, P.C., we offer advice on using social media during your divorce. Following our advice could protect your interests and prevent potentially damaging missteps online.
Don't let social media jeopardize your case. Call our Denver divorce attorneys today to learn more about how we go above and beyond for our clients, including protecting your online presence.
Best Practices During Divorce Proceedings
Even with privacy settings engaged, social media posts are rarely 100% private. Unfortunately, posts could be taken out of context, used as evidence against you in court, and even impact alimony or custody decisions. Whether you are considering divorce or working through a pending case, keep the following social media best practices in mind:
- Adjust privacy settings to limit who sees your posts
- Assume nothing is private and could be seen by your spouse or their legal team
- Before posting, ask yourself how a judge could interpret content
- Avoid discussing anything related to the divorce
- Consult your attorney before removing any social content
- Consider taking a temporary break from social media by deactivating your account during proceedings
Social Media Apps You May Want to Avoid
During divorce proceedings, your social media activity can significantly impact property division, parenting rights, and financial support decisions. Even in amicable separations, online posts can be easily misconstrued or used against you. Be aware of automatic check-ins and location-sharing features, and approach the following platforms with caution:
As the world’s largest social network, Facebook is a prime source for potentially damaging information. Do not post anything negative about your spouse or your divorce process here.
X
Many people use X to vent frustrations, which can be particularly risky during a divorce. This is because any messages you post on X may lack context and can easily be misinterpreted, making you appear angry or unreasonable.
Photos on Instagram speak volumes—and not always in your favor. Consider postponing any posts until after your divorce is finalized, as images could be used as evidence regarding your lifestyle or ability to parent.
Frequently Asked Questions
Can my spouse gain access to my private messages or deleted posts during the divorce process?
Yes, it's possible. During the discovery process, your spouse's attorney may request access to your social media accounts, including private messages. Even deleted posts can sometimes be recovered through forensic methods or subpoenas to the social media companies. It's crucial to assume that anything you've ever posted or messaged could potentially be accessed and used in the divorce proceedings.
How far back can social media posts be considered relevant in a divorce case?
There's no strict time limit on how far back social media posts can be considered relevant. Generally, posts made during the marriage are most pertinent, especially those from the period leading up to the divorce. However, older posts could still be relevant if they pertain to ongoing issues such as financial habits or parenting concerns.
What should I do if my spouse is posting negatively about me during our divorce?
Do not engage or retaliate online. Instead:
- Document the posts by taking screenshots or saving them
- Inform your attorney immediately
- If the posts are defamatory or violate any existing court orders, your attorney may take legal action.
- In severe cases involving threats or harassment, consider reporting the posts to the platform or law enforcement.
Should I delete my social media accounts during the divorce process?
Deleting accounts or posts could be seen as destroying evidence, which can have negative legal consequences. Instead, consider temporarily deactivating your accounts or significantly limiting your social media use during the divorce process. Always consult with our attorneys before making any major changes to your online presence.
Trusted & Compassionate Legal Guides for Your Divorce
Social media and divorce generally do not mix. If you are concerned about what your posts are saying about you in the eyes of the court, let our Denver divorce lawyers know. With our counsel and guidance, we will help you through the system to an outcome which considers and protects your best interests. Our law firm also has offices in Longmont, Loveland, and Broomfield, CO.
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