In today’s digital world, social media activity is a part of many people’s daily lives. But when you’re involved in a family law case — whether it’s divorce, parenting time, child support or a modification request — your virtual presence can have real-world legal consequences. Courts are increasingly relying on digital evidence, which means that posts and messages can find their way into the courtroom.

Understanding how social media can impact a family law case is important to protecting yourself. Here are some ways in which what you post or is posted about you can have damaging effects:

• Social media posts can be used as evidence — Social media content is admissible evidence in family law cases. Photos, messages and comments can resurface through discovery or be provided by the opposing party. This can include posts depicting alcohol use or partying, public displays of new relationships, comments contradicting sworn statements or messages showing hostility. No matter how strict your privacy settings, nothing shared online is truly private.

• Innocent posts can be misinterpreted — Family law judges look for stability, responsibility and honesty. A single social media post can put these qualities in doubt. A vacation photo may be spun to suggest undisclosed assets, a joke may be construed as irresponsibility and a snapshot of a new purchase may counter your claims of financial hardship. 

• Messaging apps aren’t safe either — Private messages and chat logs from Facebook, Instagram, Snapchat, WhatsApp, TikTok and dating apps can be subpoenaed or shared by the other party. Angry or inconsistent messages, admissions or evidence of poor judgment can all damage your credibility, regardless of whether you believed your communications were confidential.

• Posts from friends and family can affect your case — You may be careful, but if friends or relatives tag you in compromising photos, vent about your ex or post details that counter your claims, the courts may still consider that content relevant to your case. The origin of the post doesn’t matter—if it involves you, it may end up in court.

• Social media can cast doubt on your parenting — In deciding on how to serve a child’s best interests, judges look closely at each parent’s online behavior for signs of poor judgment, unreliable parenting, substance abuse, hostility or instability. Even if a post doesn’t reflect your real life, it can still shape the judge’s perception of your ability to co-parent.

• Social media can affect financial issues — Posts may contradict your financial claims, like showing off a new car while requesting spousal maintenance or displaying luxury purchases when arguing that you can’t afford child support. Posts revealing undisclosed side businesses can raise questions about your honesty and financial transparency.

• Deleting posts can backfire — Deleting content after a case begins may be considered evidence tampering, which can harm your credibility. Instead, pause all posting, tighten privacy settings, refrain from discussing your case online and consult with your family law attorney.

The best way to protect yourself during a family law case is to stop posting until the case is resolved. Don’t comment on or engage with anything related to your ex, your children or your legal dispute. Ask friends and family not to tag or post about you. Always assume that what you share online is public.

Clark & Schloss Family Law, P.C. is a full-service family law firm in Scottsdale, Arizona, representing people throughout Maricopa County. Contact us online or call 602-789-3497 for a consultation.