“Words are free. It’s how you use them that may cost you.” -anonymous
Going through a divorce is often a challenging and emotionally charged experience for the parties involved.
From the division of assets to finding a parenting plan that works for everyone, there are a myriad of moments that can spark feelings of frustration, fear, and downright anger in even the most level-headed person.
But acting on these feelings through a social media post can have long-term consequences that you could end up regretting for years to come.
In the state of Colorado, divorce is considered a no-fault proceeding, meaning that neither party needs to prove wrongdoing to initiate the process.
However, this does not diminish the importance of thinking carefully about choices you make in how you decide to air your grievances or communicate your feelings about what is happening.
But such actions can have far-reaching consequences both legally and personally.
Let’s take a minute to look at the role of social media and other forms of communication and what you should and shouldn’t do during your divorce.
Social media posts can have significant legal implications during divorce proceedings.
As experts have found, social media postings often increase the complexity of divorce cases and potentially influence the outcomes in various ways.
Evidence in Court: Social media posts, photos, and comments can be used as evidence in divorce cases.
Your social media accounts are not as private or protected as you may think. Social media is an easy way to gather information about a party’s lifestyle, relationships, and spending habits. Opposing attorneys often scrutinize social media activity to find incriminating information that can be used against you.
Even seemingly innocuous posts can be taken out of context and used to challenge your veracity, financial status, or your ability to encourage the sharing of love, affection, and contact between your child(ren) and the other party, which is a major factor courts must consider when allocating parenting time.
Contradictory Information: Inconsistencies between your social media posts and statements made in court can damage your credibility.
For example, if you claim financial hardship but post photos of extravagant vacations or expensive purchases, it can undermine your credibility and lead to unfavorable rulings from a judge.
Divorce is an emotional rollercoaster, and social media may seem like a way to release some of your stress or feel like you’re connecting with others who can help you navigate this challenging time.
However, it’s essential to recognize the importance of protecting your privacy and the potential risks associated with sharing personal information online.
#1: Limit Social Media Usage:
Why: Reducing or stopping social media activity minimizes the risk of sharing anything that could be misinterpreted or used against you in court.
How: Temporarily deactivate your accounts or set specific times for social media use to avoid impulsive posting. This break helps focus on the divorce process and emotional well-being without the distraction of online activity.
#2: Strengthen Privacy Settings:
Why: Ensuring only trusted people can see your posts helps protect sensitive information from being accessed by unintended audiences.
How: Go through the privacy settings of each social media platform you use. Restrict your posts to friends-only, disable location sharing and control who can tag you in posts or photos.
#3: Be Cautious with Posts:
Why: Even innocent posts can be taken out of context and used against you in court. It’s better to avoid unnecessary risk.
How: Think before you post. Avoid mentioning anything related to your divorce, financial situation, or personal life. Keep content neutral and non-controversial.
#4: Think Before You Share:
Why: Once something is posted online, it can be difficult to control how it’s shared and interpreted.
How: Always consider the potential implications of your posts. Ask yourself how others, including your ex-spouse and their attorney, might perceive the content. If you would not want it read out loud in court, don’t post it.
#5: Avoid Negative Comments:
Why: Venting online can escalate conflicts and provide evidence that can be used against you. It’s best to keep these thoughts private.
How: Instead of posting negative comments, write them down in a private journal or talk to a therapist or trusted friend offline.
#6: Disconnect from Ex-Spouse’s Circle:
Why: Mutual connections may unintentionally share your posts with your ex-spouse, leading to potential conflict or misinterpretation.
How: Adjust your friend list and settings to limit interactions with people closely associated with your ex-spouse. This helps maintain privacy and reduces the risk of information leakage.
#7: Seek Support Offline:
Why: In-person or private conversations are more secure and allow for deeper emotional connections without the risk of public exposure.
How: Engage in activities that promote face-to-face interactions, such as seeing a therapist, meeting friends for coffee or joining a support group. Private messaging apps can also provide a safe space for emotional support.
Divorce is a complex process that requires professional guidance as well as emotional support.
There’s no denying that staying away from social media is going to be an integral part in protecting your privacy, your legal rights and your overall well-being.
That said, you will still need avenues to turn to that can help you navigate all the emotions, legal ramifications, and practical challenges that come with ending a marriage.
In addition to staying off social media, here are some steps to ensure you receive the support you need:
While social media can be a valuable tool for staying connected, it’s important to recognize the potential risks it poses during a divorce.
It’s also important that you recognize where you can turn to find the solace and solid counsel that is going to help you get through it.
Our skilled attorneys are dedicated to providing comprehensive legal support, ensuring your rights are protected, while also helping you achieve a fair settlement.
We offer personalized advice tailored to your unique situation, guiding you through the legal complexities with confidence and expertise.
When you need attorneys that you can count on, contact our offices for a free consultation.