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Avoiding Social Media During a Divorce | What to Know

For many of us, social media plays a major role in our lives. We tend to share about all major events, good and bad. While you may be tempted to post about your divorce online, it is important that you refrain from doing so. In fact, you should be careful about everything you post online during a divorce. Read on to learn why.

Can My Social Media Affect My Divorce?

It may come as a surprise, but your social media posts can be used against you in court. According to a study conducted by the American Academy of Matrimonial Lawyers:

  • 81% of all divorce attorneys found social networking information that was later presented in court as evidence
  • 66% of divorce lawyers use Facebook as a primary evidence source
  • ⅓ of divorce actions begin with affairs that happen online

Social Media Habits to Avoid 

When it comes to your social media accounts before, during, and after a divorce, it is important to avioid:

  • Speaking poorly about your spouse or ex-spouse online. Comments, threats, and criticisms can be used against you. 
  • Deleting social media activity. Many people believe that deleting a post on social media makes it go away forever, however, this is not the case. Social media cannot be permanently deleted, which means disparaging content can still be found and used in court. Deleting the posts can even be seen as an inference of guilt. In addition, you cannot assume that a private account means your information cannot be accessed. 
  • Posting pictures or talking about alcohol and/or drug use. Simply posting a picture of a beer or a glass of wine can be twisted and used in court. This can also play a role in child custody cases. 
  • Discussing new relationships. It is important to keep any romantic relationships under wraps until the divorce is official. Otherwise, the details of it could be used as proof of an affair.
  • Letting friends post about your life. In many cases, the social media of your friends and family will be examined and can be used in court as well. 
  • Sharing your location. While people like to check-in at fun locations, places such as bars, clubs, and casinos may be used against you in court.

Because your social media may be under such close scrutiny, it is generally best to avoid posting at all.

If you have any questions about divorce in New Jersey, our firm is here to help. Reach out today to speak with an experienced attorney.

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If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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