Can Social Media Impact My Divorce Proceedings?

Post Summary:

Social media posts, messages, and photos often become evidence in divorce proceedings, even deleted or "private" ones. Judges look at digital behavior to assess finances, parenting, and credibility. What you share online can either support your case or unravel it.

 

You know that moment when someone says, “Don’t worry, no one will see this”? That moment doesn’t age well in court.

What people post, or delete, on Facebook, Instagram, Snapchat, or even in a private message, has a way of resurfacing. The courtroom doesn’t care how many followers you have or how tight your privacy settings seem. If it’s out there, it’s fair game. Screenshots, metadata, and even deleted posts are all things attorneys and judges take seriously. When emotions run high, social media often serves as an unfiltered window into someone’s mindset.

1. Screenshots Are Forever

Deleting a post doesn’t make it disappear. Once it’s been shared, liked, or even briefly seen, it’s already out of your hands. A simple screenshot can become a key exhibit in court. Even if you deleted that angry tweet or blurry photo from a late-night out, someone else may have saved it, or it can still be accessed.

The best parameter? Don’t post anything during your divorce that you wouldn’t be comfortable reading aloud to a judge. That includes memes, vague “venting,” or anything that can be interpreted as a jab. Courts look for behavior patterns. One reckless post can undermine months of calm and collected progress.

2. DMs Aren’t Private in a Divorce

Just because it says “Direct Message” doesn’t mean it’s safe. Private messages can be subpoenaed. If one spouse believes a conversation might reveal misconduct, financial or otherwise, they can request records from platforms or present them from their own device. It’s not just cheating that shows up this way.

3. Photos Say More Than You Think

People tend to post selectively with updates about vacations, new purchases, and fancy dinners. But during a divorce , these updates don’t just show off your lifestyle. They can raise questions about finances, parenting, and even honesty. A seemingly harmless beach photo with your kids during “your weekend” could become evidence in a custody dispute if it conflicts with the other parent’s understanding or agreement.

Also, keep track of timestamps and geotags. They’ve shown up in court more than once to prove someone wasn’t where they claimed to be.

4. Social Media Behavior Can Affect Custody

Judges take note of how parents present themselves online. Posts showing excessive partying, substance use, or disparaging remarks about the other parent can hurt your standing. Even if your kids don’t follow you, others do, and word travels fast. What you post reflects your judgment, especially when parenting is on the table.

5. Friends and Family Can Complicate Things

It’s not just your accounts. A friend tagging you in a post, or a relative airing grievances on your behalf, can still affect your case. Courts consider the whole picture, including how your social circle behaves, which might be used to show influence or intent. Asking friends to “take sides” publicly can stir drama that ends up in the record.

The better option? Ask them to stay quiet online until everything is settled.

 

Need Clear Legal Guidance?

Social media shouldn’t make your divorce harder.  Attorney Maury D. Beaulier has  handled hundreds of cases where digital evidence played a role. Call (952) 442-7722 to talk to someone who knows how to keep your case on track and your digital footprint from stepping on it.