The Dangers of Social Media, Texting and Email in a Divorce

Treadaway & Treadaway Oct. 28, 2019

Facebook, Instagram, Snapchat, texting and/or email can and have all been used as evidence in many divorce proceedings. If you are contemplating or in the early stages of a divorce, you should expect that all of your social media and electronic communications will be scrutinized.

Many times, individuals going through a divorce will freely text, email and make status updates without ever considering the risks and dangers that come along with these types of electronic communications. Before you post your next Instagram or Facebook status update, be sure to consider some interesting stats:

  • 92% of divorce attorneys cited an increase in cases using evidence taken from smart phones during the past three years.

  • In the same survey, 94% noted an increase in text message evidence.

  • 81% of divorce lawyers say they have seen increased use of evidence from social networking websites such as Facebook and Instagram during the past five years.

This article will cover some of the things you need to know and what you need to do to avoid the most common potential dangers of your social media communications and how your actions might be used as evidence in your divorce case.

Assume You Will Have To Defend Any Social Media and Electronic Communication In Court, Because You Probably Will

Every study on this subject and mostly every family law attorney in the area indicates that the use of social media and electronic communications as evidence in divorce proceedings is on the rise and will continue to be used in divorce proceedings.

This rise in the use of social media and electronic evidence has made attorney’s job easier by providing a virtual treasure chest of potential evidence and exhibits for trial. Therefore, in all likelihood, if you decide to use and communicate frequently on social media during your divorce, you may have to explain it in court, which could possibly hurt your case.

Keep Your Social Media and Electronic Communication to a Minimum

Given this current state of affairs, it advisable for anyone going through a divorce to consider the following general principles before sending any electronic communication – because once you hit the send, post, or tweet button, it is permanently backed up and accessible to your spouse and their attorney.

Presume that every communication will be entered into evidence, and only include language or information that you would like the judge to see. Don’t send any Facebook or Instagram status updates, text messages, or email in a moment of anger. These can be taken out of context in divorce proceedings and used to paint a false and unflattering image of your personality.

You don’t have to give up your Facebook, Instagram or other social media accounts, but during your divorce proceedings, it is highly advisable to use them only with care and purpose.

For further information concerning social media and electronic communication during a divorce, you should contact our qualified divorce attorneys. At Treadaway & Treadaway, we offer free initial consultations to every potential client. Call us today to discuss your situation.