TMI: When Social Media Posts Become Evidence in Family Law Disputes

Social media has become an integral part of everyday life, with many people impulsively posting photos and updates about exciting events and milestones.  However, these posts can have serious implications, especially in family law disputes concerning custody, parenting time, and financial issues. Be aware that what you share online can be used against you in a family law dispute.

Consider entirely suspending social media use entirely during a family law case. If that’s not feasible, taking steps to avoid posting regrettable information is crucial. By posting thoughtfully and avoiding specific online references, you can safely use your social media accounts during a family law case. A few simple guidelines can make a significant difference in the outcome of a family law matter.

Do

  • Edit and consider every post and photo: Take the time to carefully review every post and photo before making anything public.
  • Update your privacy settings: Limit the audience you share information with and monitor tagged posts to take control of media associated with your online persona.
  • Change your passwords: Ensure others can’t access your account and create posts that appear to be made by you.
  • Consider the impact on your children: Think about how your public posts will affect your children.
  • Discuss social media preferences with your co-parent: During a custody case, attempt to reach an amicable agreement about posting photos of your children.

 Don’t

  • Share private information about your case: Keep information about your case and details off social media.
  • Attack the opposing party’s character: Avoid making negative posts about them.
  • Post angry or disagreeable posts about court rulings: Refrain from publicly venting about decisions in your case.
  • Share photos of expensive meals, flashy purchases, lavish gifts or vacations: If your finances are not in order be mindful of flashy posts.
  • Delete potential evidence: Do not delete any posts without consulting your attorney as it could suggest you have something to hide.

Impulsive posts are often the most inflammatory and least likely to accurately depict your lifestyle. When navigating a family law matter, approach social media with caution. A public post is easy to make but much more difficult to erase.

At Cohn Lifland Pearlman Herrmann & Knopf, LLP we understand the challenges posed by social media in family law cases. Our experienced attorneys are here to provide the guidance and representation you need to protect your interests and achieve the best possible outcome. If you are facing a family law matter in New Jersey, contact us today to schedule a consultation and learn how we can assist you.