Social Media and Divorce


Do you send emails, post on Facebook, Instagram, Twitter or have a profile on Google Plus or LinkedIn? Social media and digital communications are part of many people’s daily routines and most of the time, you may not give a second thought to what you say. However, we all know how volatile emotions can be during divorce. And, you may feel tempted to just let loose, venting about your spouse in a Facebook post or email. While divorce is very personal, it’s also a legal process ─and emotional tirades don’t contribute to a good legal strategy. At C.E. Borman & Associates, our lawyers work closely with you, explaining how social media and other digital communications can adversely affect your case.

The Pitfalls of Social Media in a Divorce Case

We share our laughter, our tears, our upsets and our anger online or in a text message. More than that, we share intimate details about our lives. Even more importantly, although your social media or other digital communications may be intended as private ─only for friends, it doesn’t always turn out that way.

Never have communications been as easily documented as they are with digital media. Whatever you say is recorded forever and can be made available in a court case through subpoena. Airing private matters in a courtroom is not what most people want. When friends line up, taking sides in your divorce, your complaint made in confidence can be read aloud for the whole courtroom to hear. Even when you negotiate out-of-court, certain communications put you at a disadvantage.

While your spouse’s communications may provide ammunition for your case, remember that your communications may also be used in the same fashion.

Communications That Are Damaging to Legal Cases

  • Details about finances (pending bonuses, new job offers, expensive vacation plans) that contradict a financial affidavit. The spouse claims a certain income level, but social media evidence indicates differently.
  • Photos (even taken by friends and posted on their sites) of drunken parties or other questionable behavior could be unfavorable when fighting for child custody
  • Communications or photos posted by a new girlfriend or boyfriend that show an affair led to the marriage breakdown
  • Communications that serve as evidence of hiding assets
  • Actions and intentions to alienate the other parent from the children

A good policy to follow for social media and divorce is ─ if you wouldn’t want the communication read in court, don’t post it.

When considering divorce, consult with an experienced Texas divorce lawyer as soon as possible. At C.E. Borman & Associates, our attorneys have decades of legal experience  we use to protect your legal rights and help you meet your objectives.