How Social Media Can Impact Your Divorce Case

Social media is a fixture in many people’s lives. We use it to stay current on events in our community, share updates about our own lives, and connect with family and friends. While social media platforms can enrich our lives through shared connections, they can become a potential pitfall during difficult times like divorce.

If you are considering a divorce or are already involved in divorce proceedings, you need to be careful about your social media activity. This is particularly true in South Carolina, where information shared on social media can be used as evidence in your divorce case.

A Guide to Understanding Social Media and Divorce

Social media can provide a treasure trove of information that can be used as evidence in court. Posts, comments, photos, and videos can be used to demonstrate a pattern of behavior, establish financial means, or even prove infidelity. Something as benign as including your location on a social media post can be used to show you are dining at expensive restaurants or at an exclusive vacation destination, or to prove you were away from home when you were supposed to be caring for your children. This information can be used to undermine claims of financial hardship, challenge credibility, or support claims about your behavior.

How Social Media Use May Affect Your Divorce Case

Information shared on social media can affect different aspects of a divorce case.

Child Custody

When determining child custody arrangements, the court is guided by the “best interests of the child.” Evidence of irresponsible behavior that could negatively affect the children can impact these decisions. For example, social media posts that show excessive consumption of alcohol, drug use, or negative comments about the other parent may raise concerns about a parent’s judgment and how it might affect a child’s welfare.

Financial Settlements

Your social media activity can reveal information about your lifestyle. Updates about dining at expensive restaurants, taking luxury vacations, or incurring large entertainment expenses can create the impression that you are financially well-off and can negatively affect the court’s decision on matters such as spousal support, child custody, and support obligations.

Relationship Information

If your communications on social media are flirtatious, your spouse may use them to show infidelity. While these allegations are not enough to prove adultery in South Carolina, they can be used as evidence in a fault-based divorce.

Discussing Your Case or Your Spouse

Sharing offensive content or comments that are hurtful to your spouse can make resolving your divorce case more difficult. Negative comments about your spouse, even in “private” message chats, can be used to question your character.

Discovery of Social Media Data in a Divorce Case

Divorce lawyers routinely request the other party’s social media history in discovery. This data can provide information about your social media contacts, groups you are currently or were previously a member of, and even copies of private messages.

Courts throughout South Carolina and across the country have consistently ruled that social media users have no expectation of privacy in content they post. Their rationale is that if you shared the information online, it is not private and, therefore, can be used as evidence in your divorce case.

How to Protect Yourself on Social Media

Managing your online presence is crucial, particularly during a divorce. Here are some ways to protect yourself online during this sensitive time:

• Limit Social Media Use. Consider limiting social media use during your divorce. You may consider temporarily deactivating your account to avoid potential pitfalls.
• Maximize Privacy Settings. If you continue to use social media, ensure your privacy settings are at the highest levels, and avoid accepting requests to connect from people you do not know.
• Avoid Venting Online. While it is natural to want to discuss your feelings about your divorce, social media is not the place to do it. Instead, discuss your feelings privately with friends and family face-to-face or over the phone.
• Do Not Discuss Your Case Online. Do not share information about legal proceedings online. This includes details about meetings with attorneys, court dates, settlement negotiations, or your thoughts on the judge’s rulings.
• Be Mindful of Posts by Family and Friends. Even though you are cautious about what you post online, friends and family may not be. Ask them to avoid mentioning you or your divorce and not to include you in their posts.
• Do Not Delete Old Posts. If you already made comments about your spouse or shared information about your location online, you may be tempted to delete them. Don’t. Deleting social media information could be considered “spoliation of evidence,” which could lead to sanctions in your divorce case or, in severe cases, criminal charges.