What Should You Consider Before You Use Social Media During Your Texas Divorce?

Many adults post on social media regularly to share everything from the exciting to the mundane parts of life with their friends. While this habit is common and typically harmless, it can have significant consequences on the outcome of your case if you continue to do it during your divorce.

This is because Texas courts allow attorneys and their clients to use evidence from social media to support their claims and it is very common for such evidence to be admitted during a family law case in court. So, if you’re in a contested divorce in which you’re arguing about finances, child custody, or other major family law issues, you should be careful about what you post online. You might be surprised to find what social media content your spouse and their attorney can use against you in court. Consider some common issues that may be affected by social media posts, and call South TX Family Law for legal advice on your case. 

Grounds for Divorce

If your spouse has accused you of misconduct during the marriage and is pursuing an at-fault divorce, they must collect evidence of their claims. They will likely turn to your social media accounts to find anything that supports their narrative, so it’s essential to avoid helping them with any posts that could put you in a negative light during the case. 

For example, if you’re accused of adultery, your spouse might check your Facebook, Instagram, and other social media pages for photos and videos of you with anyone who could be perceived as a romantic partner during your marriage. Even if you only have pictures of you and a friend together at a party, bar, or other social event, it’s best to hide them to avoid any hint that you were dating or simply socializing without your spouse while married. Otherwise, your spouse’s lawyer might show up to court with several photos of you in situations that tend to look inappropriate, which could allow your spouse to get more assets in the divorce. 

The same is true of other grounds for divorce, such as abandonment or cruelty. If you have any social media posts or pictures suggesting you left your spouse for over a year or committed cruel or abusive behavior toward them, it’s essential to hide or remove these. However, once they have already been posted on your account, you cannot remove them after the divorce is filed or it will be considered destroying evidence which is a felony. The key is to never post those photos in the first place because even if you remove them, someone could have downloaded or printed them from your account to preserve them before you removed them. Even if your spouse does not use that form of social media, they may have a friend or relative who is watching your account that will download it for your spouse and during the divorce, the lawyer for your spouse may demand as part of discovery that you produce everything that is posted on your social media. Generally, if in doubt, it’s best to keep this type of evidence out of the hands of your spouse and public view, but your Texas divorce lawyer can advise you if you’re unsure of what to do. 

Property Division and Spousal Maintenance 

Finances are frequently at the center of divorce cases, as both spouses typically want to get the most assets possible at the end of the marriage. For this reason, you should avoid flaunting any new purchases, costly vacations, big promotions, or other financial benefits that you’ve had since the marriage ended. Otherwise, your spouse will likely request more money from you. 

If you’ve been arguing about property division, stating that you deserve to keep the house and other expensive assets, then posting about the new car or boat you bought during the divorce could hurt your case. The same goes if you told the judge you cannot afford to pay spousal maintenance, yet you just updated your social media friends about your new position at work that comes with an impressive raise. 

Keep in mind that even if you think your posts are private, meaning only friends can see them, this might not be the case. After all, you and your spouse likely have a lot of shared friends and family members who can see your friends-only posts on Facebook, Instagram, and other social media platforms. Likewise, many people assume that Snapchat posts will disappear, but someone could take a screenshot to save that post before it disappears. You never know who may be sharing your posts with your spouse, who might decide to print them out and share them with their lawyer. This is why it’s best to reduce the information you share until your divorce is final.

Child Custody 

Another major issue that often comes up in divorce cases is child custody and visitation. Most parents want to spend as much time with their children as possible and are willing to fight for more time with them, especially if they believe the other parent could be neglectful or abusive. So, if you’re in a custody battle, you should assume the other parent will do everything possible to show that they should get sole custody or have more parenting time than you. 

This often means they’ll check your social media accounts for any posts or pictures suggesting the children are not your priority. So, if you have photos and videos of yourself using drugs, drinking excessively, or making other potentially dangerous choices, you should delete or hide them long before you file for divorce to ensure your spouse doesn’t use them against you in your child custody case.  Ideally, those should never be posted at all, especially after you have filed for divorce.

You should do the same if you have posts talking about how much you dislike your child’s other parent and wish harm would come to them, as these posts could be seen as threatening.

In general, assume anything you post on social media will be seen and possibly shared with your spouse and their attorney, and ultimately with the judge and jury. For this reason, you should focus on posting content that shows that you’re a caring, involved parent who can provide a safe, happy home for your children. Better yet, stop using social media altogether while the divorce is pending because something you think is innocent might be presented later in a way that appears to put you in an unfavorable light. 

Why Should You Call a Texas Divorce Attorney?

Social media can be helpful or harmful, depending on the situation. Don’t let it become harmful to you and helpful to your spouse during divorce. This means thinking carefully before you post, as your spouse may be looking for a way to use your social media content against you. Also beware of other people taking photos or videos of you in a public setting then posting those on their social media accounts.

If you’re unsure what evidence can be used against you in your Texas divorce case, ask your lawyer for help. The team at South TX Family Law is committed to getting the best possible outcomes for clients. Call our law office at 210-775-0353 to discuss your divorce case.