The Impact of Social Media on Divorce Proceedings: Legal Considerations and Tips

Social media should be a harmless tool that allows people around the world to connect. Originally designed for insightful musings on day-to-day events, picture sharing and chatting, it has since transformed into a different beast.  

Over the last decade, social media has become an integral part of our lives – a platform for us to vent, share personal details, and sometimes even rant about what’s going on behind the scenes. This has made it more of a useful tool for lawyers than a harmless tool for us. In 2024, lawyers and judges often review social media activity in order to gather information that might not have been otherwise disclosed, using that information to bolster particular cases and formulate a verified conclusion. 

Photo by Mathieu Stern on Unsplash

 

The Impact on Divorce Proceedings 

If you’re going through a divorce right now, then this is something you’ll have to be ultra wary of. With the new ‘joint assistance and advice’ model coming into place, it’s now likely that one lawyer might be able to advise and represent both parties in the process of a divorce.  

According to Willans.co.uk – one of the highest quality law firms in Cheltenham – this will mean both parties will have to start making difficult decisions by themselves, rather than deferring the decision to someone else. Social media cannot come into play here. While it’s easy to use social media as a platform to vent frustrations or message friends and family on the divorce process, it’s important to remember that posts, photos, comments and even private messages can be seen, scrutinised, and used as evidence in the court to support any claims being made against an individual.  

Legal Considerations and Tips 

For this reason, you will need to exercise caution. As someone going through a divorce – and potentially having more emphasis put on yourself for certain matters – you need to understand the admissibility of social media evidence and how it could affect your potential for a successful outcome. It’s not just about what you post or message, for instance, but what you have posted in the past. Deleting social media posts can similarly have legal consequences, as it could be seen as hampering the route to justice. 

You should also learn more about the various privacy settings on your social media accounts, working to keep your posts exclusive for your close friends and family, rather than displaying them on a more public scale. When it comes to using social media during the divorce proceedings, make sure you limit your activity and avoid discussing your divorce at all. Also make sure to monitor tagged posts, and avoid flaunting new relationships while the divorce is ongoing – as this can lead to various complications, especially in cases involving claims of infidelity or custody battles. Lastly, inform your friends and family about the importance of discretion. Any post about you or interactions with your content can impact your case, so ask everyone to tread carefully and keep everything as positive as possible. Social media can still be used during your divorce case, but it must be used wisely. 



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