Social Media and Divorce: What Can Be Used Against You

Posted on March 26th, 2020

Social Media and Divorce: What Can Be Used Against You

For many, social media is a place to voice opinions, share photos and reconnect with friends and family. While there is a lot of good it can do, social media can also be a place of drama, which in certain situations, can leave you in legal trouble. If you are going through a divorce, there are a few things you need to know about posting your life online.

Social Media As Evidence

The person you married is probably not the same person you divorced–at least emotionally. You would like to think that he or she wouldn’t be looking for reasons to take you to court, but when it comes to divorce or child custody matters, it seems like everything and anything can and will be used against you.

Typically, when social media comes into play in a divorce, the types of things the court will be using your online profiles for are:

  • Emotional and mental state
  • Who the person is talking to
  • Where and when someone is going
  • Evidence of how money is being spent
  • What the person is doing
  • Who the person is spending time with

For example: If your ex tells you that they cannot make alimony payments because of their income, but he posts photos all over Facebook of his vacation with the woman he cheated on you with. 

Now, with that one post, you know who he’s with, where he went and when. All pretty convincing evidence in the court of law.

Not only can you use social media to call out your ex’s bluff, but you can also use it as evidence if they have violated the protection from abuse order you have against him. This can be using social messages, posts, or location check-ins as well as text messages and emails as proof.

Can I Make Certain My Ex Can’t See My Social Media Activity?

The short answer is no, and here’s why. While you can deactivate your accounts during the divorce or custody hearing, there really isn’t a legal way you can not allow your ex to use social media against you.

If you do not deactivate your accounts but rather block them, there is still the likelihood that somehow, your ex can see your information. 

The bottom line is this: If you think your ex can use it against you, don’t post it!

Let the Scranton Lifetime Lawyer at Kalinoski Law Offices P.C. Guide You Through the Divorce

Divorce in the digital era can be messy and complicated. Don’t go through it alone.

Our Scranton family law attorney is available to provide you legal representation and guidance during the divorce process. To arrange a confidential, free initial consultation with a strong family law advocate, contact us online or call (570) 207-4000.

Category: Divorce

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Craig Kalinoski
Craig Kalinoski

Craig P. Kalinoski is a respected attorney serving clients in Scranton, Pennsylvania. With a focus on Family Law, Criminal Defense, and Civil Rights, he has established himself as a top-rated legal professional. Recognized as a Rising Star and admired by peers, Craig's commitment to excellence sets him apart in the legal field.


We fight for the rights of our clients in a wide spectrum of practice areas, ranging from criminal defense to family law and personal injury.

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