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Can social media posts be used against you in a divorce?

| Dec 18, 2020 | Divorce |

You’ve probably heard that you should be careful about what you post on social media. Someone could use your public posts against you when you’re going to college, applying for a job or trying to enter a new relationship in Florida. And if you’re getting divorced, an attorney could use your public posts as evidence during the court case.

How does social media play a role in divorce cases?

When you file for divorce, anything you posted publicly on social media could end up hurting your case. For example, if your former spouse is trying to prove that you committed adultery, they might bring up Facebook posts that suggest you were having an affair. Facebook commonly comes up in divorce trials, but any form of social media can come up in court, including Twitter, Snapchat and Instagram.

However, the law does limit the other party’s reach. It’s still illegal for them to hack into your account so that they can get access to private posts. It’s also illegal for anyone to make a fake account to try to get access to your posts. Still, if a mutual friend shares your post and your former spouse sees it, they could use that post as evidence since there wasn’t any illegal behavior involved.

If you’re going to use social media, try to make it as private as possible and don’t post about your personal life. Otherwise, you might find your posts being used against you in divorce court.

Can an attorney help you with a divorce?

Whether you initiated the divorce or you were on the receiving end of the divorce papers, you have the right to an attorney. An attorney could ensure that you get a fair hearing and the other party doesn’t try any illegal tricks, like hacking into your Facebook account or hiding certain assets.