In today’s digital world, social media plays a major role in how we connect, share, and express ourselves. But if you’re going through a divorce or custody battle, your online presence can become your worst enemy. What you post—no matter how innocent it may seem—can be used against you in court.
As an experienced family lawyer in Illinois, I’ve seen firsthand how social media can negatively impact cases, from maintenance and child support disputes to custody rulings. If you’re in the middle of a family law case, here’s what you need to know before you hit “post.”
1. Social Media Can Be Used as Evidence
Many people assume their social media accounts are private, but in reality, anything you post can become evidence in a divorce or custody case. Courts can allow social media posts, messages, and even deleted content to be introduced as proof of financial misconduct, bad parenting, or dishonesty.
🔹 Example: A spouse claims they can’t afford child support but posts pictures of expensive vacations or new purchases. Their ex can use this against them to challenge their financial claims.
🔹 Example: A parent seeking primary custody is tagged in photos of late-night parties or posts about excessive drinking. This could be used to argue they don’t provide a stable environment for the child.
Takeaway Lesson: Assume anything and everything you post could be ultimately seen by a judge and used to weaken your case.
2. Deleted Posts Are Not Always Gone
You might think you can delete a post, but it’s not that simple. Screenshots, archived data, and even court orders can recover deleted posts. Opposing attorneys often track a spouse’s social media to find inconsistencies in their statements and damaging evidence.
🔹 Example: A father claims he has suddenly become unemployed and is seeking modification of child support to reflect his lower income. He then posts himself on a luxurious vacation at a fancy resort. If the court discovers he lied, it could hurt his credibility in the support case.
🔹 Example: A mother claims she cannot work due to a disability but posts a video of herself at a high-intensity workout. This can be used to challenge her need for spousal support.
Takeaway Lesson: If you don’t want it seen in court, don’t post it in the first place.
3. Messaging Apps Are Not Always Private
Text messages and direct messages (DMs) on platforms like Facebook, Instagram, and Snapchat are not always as private as you think. Courts can subpoena these messages in divorce and custody cases.
🔹 Example: A parent harasses or threatens their ex through DMs. This could be used to justify a restraining order or limit their custody rights.
Takeaway Lesson: If you wouldn’t want a judge reading your messages, don’t send them.
4. Location Check-Ins & Tags Can Work Against You
Many people don’t realize that checking in at places or being tagged by friends can reveal more than they intend.
🔹 Example: A parent tells the court they were home with their child, but their social media shows they checked into a bar at 11 PM.
Takeaway Lesson: Avoid location check-ins and ask friends to stop tagging you in posts during your case.
5. What Should You Do? Smart Social Media Habits During Divorce
If you’re going through a divorce or custody case, take these steps to protect yourself online:
✅ Pause Social Media Use – The safest option is to stay off social media until your case is resolved.
✅ Increase Privacy Settings – Set accounts to private, but remember, nothing is truly private.
✅ Avoid Posting About Your Case – Do not rant about your ex, the judge, opposing counsel, or the legal system online.
✅ Think Before You Post – If you’re unsure whether a post could hurt you in court, don’t post it. Remember, if you have kids, they can even see it!
✅ Monitor What Others Post About You – Ask friends not to tag you in photos or check-ins.
Final Thoughts
Social media can be a ticking time bomb in your divorce or custody case. A single post, comment, or tag can change the outcome of your case. If you have questions about how social media could affect your situation, contact an experienced Illinois family lawyer like Debbie Cohen for guidance.
If you need legal advice about divorce, child custody, or any family law issue, I’m here to help. Schedule a consultation today with Cohen Law LLC.
