Social Media Can Complicate A Divorce

It is increasingly common for social media to be a cause for divorce. For example, a spouse with a wandering eye can easily find likeminded accomplices online. It can also be a matter of a spouse spending too much time online and not enough time engaging with the other person in the room.

The problems of online activities don’t end there, so attorneys often recommend that clients planning to file for divorce or are in the process of doing it shy away from social media. The general rule of thumb is to wait until all matters are resolved to resume normal online activities.

Why stop posting or engaging?

There are several ways in which a spouse can cause problems for themselves and others:

• Oversharing: While it may be therapeutic to share one’s frustrations, the person sharing “dirty laundry” seldom paints themselves in a positive light.
• Pictures can provide clues: They will look at such activities as a steady stream of photos showing girls nights out or an expensive new purchase. It can lead the other side to question the partying mom’s priorities in raising children or whether the father with a new car’s reported financial statements is accurate.
• Digital footprints: Colorado may be a no-fault state, but activity on dating sites while still married do not reflect well on the user. The courts also allow emails and texts as evidence.
• Fuels the gossip mill: Parents often friend other parents whose kids are at the same school, which can be community building. However, online activity can lead others to talk, potentially in front of their kids. It can then lead back to your children.
• Eliminating evidence: It may seem wise to scrub one’s digital profile and close accounts, but it can lead to sanctions if done during litigation. Tech experts are also skilled at recovering deleted or hidden content as well as other information.

Have an honest conversation with your attorney

It is best to be honest with your lawyer about any potential issues, even those involving social media. Based on the client’s circumstances, your attorney can provide guidance on what can be done versus what should not be done. At this time, they can also discuss other strategies and potential outcomes.