Social Media Mistakes To Avoid During A Divorce

Posted by Jonathan Jerkins | Mar 25, 2022 | 0 Comments

For better or worse, social media offers a platform for users to share lives with the world, and more than 70% of U.S. adults take full advantage of this platform. Unfortunately, everyday posts take on new meaning when ex-spouses fight over property, custody, and alimony. So to help navigate the social media terrain during divorce, here are some mistakes to avoid.

Mistake #1: Not Taking A Social Media Break

Divorce is one of the most stressful events that a person can experience, second only to the death of a spouse. Because of that stress, divorcing partners can negatively interpret even the most benign social post. Those interpretations can lead to resentment and the breakdown of any ongoing negotiations. Divorce is a sensitive time, and one of the best ways to avoid an emotional upset from social media is not to post at all. 

Mistake #2: Divulging Personal Details

If a divorcing spouse must post on social media for work or other reasons, they must take care to root out details of their personal lives. North Carolina courts consider all evidence of waste or neglect when it comes to the distribution of property. Family courts also look to evidence of extramarital sexual conduct or risky lifestyle choices in their alimony and custody considerations. This evidence can include social posts displaying luxurious purchases, nights out at clubs or bars, and vacations with persons who appear to be new romantic partners. Divorcing partners have no control over the court's interpretation of those posts or the consequences that might result. So during a divorce, it is best to avoid posting about personal details altogether.

Mistake #3: Relying On Privacy Settings

Sometimes divorcing spouses believe their ex won't find out about their current circumstances because of the privacy settings on their social accounts. However, privacy settings do not stop courts from considering posts as evidence in a divorce, even if those posts are not open to the public. Every post, tweet, and social media video is eligible for admissibility in court. Once again, if a party wants to keep something private, it's best not to post about it at all. 

Mistake #4: Not Hiring A Seasoned North Carolina Family Law Attorney

Divorces have become even more complicated in the age of social media. A seasoned divorce attorney can help. Contact attorney Jay Jerkins or call 919-719-2785 to discuss your matter today.

About the Author

Jonathan Jerkins

Jonathan "Jay" Jerkins, a native of Raleigh, North Carolina, intentionally focuses his practice on all aspects of North Carolina family law litigation and negotiations. Jay was admitted to the practice of law in North Carolina in 2014.


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