Divorce is stressful, bringing tough emotional challenges and complicated decisions. Besides the age-old difficulties of ending a marriage, a new digital element has emerged. Understanding that a spouse’s online activity on sites like Facebook, Instagram, and TikTok is often used as evidence in family law cases is critical.
Although social media behavior cannot affect the initial grant of a “no-fault” divorce in Michigan, online posts can impact rulings over child custody, spousal support and property division.
Why your digital activity matters
Social media history can have serious consequences during divorce proceedings. Here is how specific posts might be used as evidence:
- Child custody: Posts about reckless partying, excessive spending, or negative remarks are evidence considered under the “best interests of the child” factors, specifically the factors for moral fitness and for facilitating a relationship with the other parent.
- Financial and property division: Flaunting an expensive lifestyle or lavish vacation photos may contradict any claims of economic hardship or hidden assets.
- Spousal support (alimony): Evidence of a new romantic partner or cohabitation could affect existing or future support obligations.
Your digital footprint creates a permanent record that a judge can review. Remember that the court’s primary goal is to determine the best interests of your children.
Safe practices for online presence
Taking immediate steps to protect yourself online is vital during divorce proceedings. Be proactive about your digital privacy to safeguard your interests. Proactive measures include:
- Go dark: Consider taking a break from all social media until finalizing your case.
- Lock it down: Review and tighten your privacy settings immediately, but remember that “private” settings do not make a post inadmissible in court.
- No venting: Never post negative comments or grievances about your spouse, the case or your children. Always assume that a judge will eventually read it.
- Do not delete: Courts may view removing old posts as “spoliation of evidence,” which can result in sanctions, particularly if the court finds the deletion was done in bad faith to destroy relevant evidence in pending or reasonably foreseeable litigation.
The posts you make today could have a lasting impact on your family’s future. Protecting yourself online is a critical step in the legal process.
Seek skilled legal guidance
Remember that your digital footprint is permanent and can be highly impactful, often resulting in complex issues in divorce cases. An experienced divorce attorney can carefully review your spouse’s social media behavior and take steps to preserve and authenticate digital evidence for the court. A skilled lawyer is also essential for protecting your interests by helping you avoid any potential risks related to your digital presence.