Going through a divorce is challenging enough. You have many legal and emotional hurdles to deal with after the breakdown of a marriage, without creating evidence that can hurt your case in Cobb County family court.
In Georgia, anything you post on Facebook, Instagram and other online platforms becomes discoverable evidence, meaning the judge and the opposing attorney can legally use it against you. Before you hit “share” to vent or boast, take a moment to understand the high stakes.
5 critical “DON’TS” for social media during divorce
Your social media profile is a window into your life. You can be sure that your former spouse’s legal team actively searches for any misstep. These five types of posts are ones to avoid:
- DON’T badmouth your ex (or the judge/court): Disparaging the other parent can raise questions over your fitness for custody, by showing a lack of respect for co-parenting and the court system. Keep all frustrations private and offline.
- DON’T flaunt a lavish lifestyle or new assets: Photos of new cars, expensive trips or costly purchases directly contradict claims of financial hardship. Your fun posts can quickly undermine your financial position regarding alimony or asset division.
- DON’T post about new relationships: Georgia courts scrutinize new relationships, especially in custody cases, focusing on the children’s stability. Before the divorce is final, your ex can argue that a post announcing a new love interest is evidence of adultery, which is a bar to receiving alimony.
- DON’T share photos/posts showing questionable judgment: The other side can also use posts related to excessive drinking, partying or reckless behavior to question your judgment. The court can use this to determine if your conduct is consistent with the “best interests” of your child, which is the benchmark of custody decisions.
- DON’T trust privacy settings: “Private” accounts offer a false sense of security. Friends can take screenshots, and the legal process can compel access to your records. Assume everything you post online is public.
These online actions can cost you dearly in custody and financial decisions. You should act as if a judge reads every word you type and views every photo you upload.
Crucial legal warning (the “don’t delete” rule)
If you have already posted something damaging, the worst thing you can do is try to hide it. Do not delete it or scrub your account before speaking with an experienced Marietta divorce attorney.
In Georgia, when litigation is pending or reasonably foreseeable, parties have a duty to preserve potential evidence. Deleting posts when a divorce is likely to occur may be viewed as destroying evidence. Before taking any action, it’s advisable to consult with a skilled lawyer to help you protect your rights both online and in the courtroom.