Divorce is already a complicated process, but in today’s digital world, social media can make it even messier. Many people don’t realize that their Facebook posts, Instagram photos, or even private messages can end up as evidence in court.
If you’re going through a divorce in Texas, you might be wondering:
- Can my ex use my social media posts against me?
- Should I delete my accounts during a divorce?
- What are the biggest mistakes people make on social media during a divorce?
Let’s break down how social media can affect your divorce case and what you should (and shouldn’t) do to protect yourself.
Can Social Media Be Used as Evidence in a Texas Divorce?
The short answer? Yes. Anything you post online can potentially be used as evidence in divorce proceedings, child custody battles, and even financial disputes. Texas is a community property state, meaning that what you own and earn during marriage is subject to division. Social media posts that show spending habits, lifestyle choices, or even questionable behavior could influence the outcome of your case.
For example:
- Posting about vacations, new purchases, or expensive nights out could suggest you have more financial resources than you’re disclosing, affecting alimony or child support.
- Sharing personal grievances or attacking your ex could be seen as harassment or an attempt to manipulate custody decisions.
- Photos or videos of partying, drinking, or engaging in risky behavior could be used to argue that you are an unfit parent.
You might think, But my profile is private—so I’m safe, right? Not necessarily. Courts can subpoena social media records, and if your ex’s attorney gets access to your posts, even private ones, they can be presented as evidence.
Social Media’s Role in Custody Battles
If children are involved in your divorce, social media can have an even bigger impact. Texas courts prioritize the best interest of the child, which means any online activity that suggests reckless, irresponsible, or harmful behavior can hurt your case.
Imagine this:
- You post a picture with friends at a bar on a night you were supposed to have custody of your child. Your ex’s attorney presents this in court, questioning your commitment to parenting.
- You send a heated private message to your ex, threatening to withhold visitation. Even though it was sent in frustration, the court sees it as evidence of parental alienation.
Even something as simple as a comment on a friend’s post could be misinterpreted in court.
If you’re in a custody battle, ask yourself:
- Does my social media reflect me as a responsible and engaged parent?
- Could anything I’ve posted be twisted to suggest otherwise?
- Am I sharing too much about my divorce online?
If you’re unsure, it’s best to stay off social media altogether until your case is finalized.
Should You Delete Social Media During a Divorce?
You might think deleting your social media accounts is the safest option, but doing so could backfire. Courts frown upon destroying potential evidence, and suddenly deleting accounts during a divorce may raise suspicion.
A better approach?
- Stop posting altogether. Even harmless posts can be misinterpreted.
- Review past posts. If there’s anything that could be used against you, consider changing privacy settings or discussing it with your attorney.
- Don’t delete messages. Deleting conversations, especially if you’ve discussed finances or parenting, could be seen as tampering with evidence.
If you’re worried about past social media activity, it’s best to consult a Texas divorce attorney before making any changes.
How to Protect Yourself on Social Media During a Divorce
If you must use social media during your divorce, follow these precautions:
- Assume Everything is Public
- Avoid Posting About Your Divorce
- Be Careful with New Relationships
- Limit Who Can See Your Content
- Tell Friends and Family to Stay Neutral
- Consult a Lawyer Before Making Major Changes
Even private messages or deleted posts can be retrieved. If you wouldn’t want a judge to see it, don’t post it.
Ranting about your ex, discussing legal proceedings, or even sharing “cryptic” quotes can create problems in court.
Posting about a new relationship before your divorce is final could affect spousal support and property division. It could also create
emotional conflicts that make negotiations harder.
Tighten your privacy settings, but remember—mutual friends, screenshots, and subpoenas can still expose your posts.
Even if you’re being careful, a well-meaning friend might tag you in a questionable post or share something that could be used
against you.
Before deleting accounts or messages, talk to your attorney to avoid accidental legal missteps.
Final Thoughts: Is Social Media Worth the Risk?
Social media may feel like an outlet during a stressful divorce, but it can do far more harm than good. In Texas divorce cases, your online activity can impact everything from property division to child custody.
Ask yourself:
- Is posting this worth potential legal consequences?
- Would I be okay with my ex’s attorney showing this to a judge?
- Do I need to take a break from social media until my divorce is finalized?
If you’re unsure about how your social media could affect your case, speak with an experienced Texas divorce attorney. At Sandoval Family Law, we help clients in Austin, Texas navigate the complexities of divorce, including how to handle social media safely.
Have questions about your divorce case? Contact us today for a consultation.
