Facebook, Social Media and Divorce

So you and your spouse have been separated for a while but neither of you have filed an action.  Meanwhile, you’ve been hanging out on Facebook, MySpace, Twitter.  Maybe you’ve connected with an old flame or maybe you’re just bashing your “ex.”  Whatever you’re doing, I want to warn you to be careful.  Most of these communications online are open to the public and they are permanent.

While your spouse may not be your “friend” on Facebook, that doesn’t mean he/she won’t be able to find out what’s going on on your page through a friend or someone else.

This doesn’t just apply in divorce cases either!  I have worked in child custody matters before where one of the parents who is fighting for custody or fighting to keep custody have posted their party pictures where they are drinking, passed out, drugged or worse.  Can you imagine how that looks to a judge?

So what are you supposed to do?  Abandon Facebook and Twitter altogether?  No, I don’t think you have to go to that extreme.  What I would recommend is that you should use common sense.  Keep in mind your current circumstances or what you may be going through in the future (if you think you may be going through a divorce or custody action in the future).  You should probably not be putting photos of your children online if you are going through a custody battle and you should definitely refrain from badmouthing or putting down your spouse online.  While you may think it is funny or that it really isn’t hurting anyone, you better keep in mind your case and the dramatic negative impact it could have on it.

While your spouse won’t be able to necessarily prove adultery or any wrong doing by your postings the old adage, “where there’s smoke, there’s fire” is all too true and you definitely don’t want a judge making negative assumptions about your case because of some stupid comments or photos on your website or social media page.


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