How Social Media Can Affect a Divorce Claim

A considerable portion of the U.S. population relies on social media to interact regularly for personal and professional purposes. However, social media messages or updates can significantly affect your personal or professional life if you are not careful. Recent reports from the American Academy of Matrimonial Lawyers (AAML) show that divorce lawyers rely on social media to obtain evidence during proceedings.

If you have been served with divorce papers or contemplating filing a divorce, you should be cautious about using social media as it can impact your case. It is prudent to discuss your case with an experienced divorce law attorney who can help you understand the best course of action, your rights, and your responsibilities. A Manhattan divorce attorney from WertheimerLipton can help with your case. 

Here are some ways information shared on social media can influence a divorce settlement.

Financial Disclosures

After filing for a divorce, both parties must submit preliminary and final financial disclosure documents and forms to determine asset division. The forms and documents should be true and accurate to avoid perjury. However, when one spouse shares photos or posts on social media describing a lavish lifestyle, the court may conclude that the individual is hiding some assets. 

Social media evidence can be used to determine if one of the parties is hiding assets or has a higher income. Some of the social media platforms, such as LinkedIn, can be used to determine employment status or business performance when a person is not telling the truth.

Posts Showing Parental Negligence or Unfitness

Social media posts or messages expressing negligence can affect the outcome of a child custody case. If you make posts about leaving your children with strangers, partying with friends all night, or missing work, you can affect your child's custodial chances because the court can deem you unfit or negligent.

Regardless of whether you are exaggerating, looking for humorous reactions, or were simply tagged in a friend’s post, the court might determine that you are unfit for the health and safety of your child. 

Giving Credibility to any Infidelity Claims

If you join a dating site or use any social media platform to indicate you are seeking new romantic relationships, you can complicate your divorce case. Avoid posting new love life developments until you finalize your divorce case.

How can relationship updates on social media affect your divorce case? More than anything else, this can stoke the flames of jealousy and resentment, leading to a more difficult divorce process.

How to Use Social Media Responsibly

You don’t have to delete your social media accounts just because you are getting divorced. If you are still active on social, stick to the following measures:

• Avoid posting anything personal, especially your children, divorce, and money
• Unfollow your ex-spouse, their friends, and family members
• Change all settings to private
• Avoid making all emotional disclosures whatsoever 

Hire a Divorce Attorney to Protect Your Interests

Knowing what to do during a divorce is difficult, but you don’t have to navigate the process alone. At WertheimerLipton, we have a team of attorneys ready to assist you if you have challenges with your divorce case. Contact us today to schedule a consultation with our attorneys, Fred Wertheimer and Alexandria Lipton.