They Did What? With Who!? Social Media and my Divorce Case

Mackenzie O. Bretz Edmonds Lawyer

Some people may say “You are what you post” and during your divorce proceeding, this quote can become even more meaningful. In this day and age, you may be hard pressed to find an adult who is not active on some kind of social media site. Whether that be Facebook, Instagram, Twitter or a site such as Reddit, what you post on there may be used against you as evidence.

If you are going through a divorce, especially a contentious one, posting about the divorce itself, or the opposing party is never a good idea. Many people use sites such as Facebook as a place to rant or express their emotions, but this should be typically refrained from during the course of your case. Finding a close friend or therapist to express these feelings to during your divorce proceedings can help you stay sane and help you be a better advocate for yourself.

The best rule of thumb: If you don’t want the judge to read it… don’t post it!

Typical Behaviors to Avoid

  • Sharing your location. Everyone loves a good vacation flex on Facebook, but doing this can jeopardize your case. If you are oversharing where you are traveling to, where you are spending your money at etc., this can be ammunition for the other side to argue that you deserve less support or that you don’t have enough time for full custody of the children. While you may know these arguments are untrue, it can give more validity to the other sides arguments.
  • Posting Images / Videos of you Drinking and or Smoking. While partying on a Friday may be fun, the judge and your ex-partner may not agree. Casually posting a picture with friends drinking may seem like no big deal, but this could be construed as irresponsible or dangerous behavior and could be an argument for the other side on your ability to parent.
  • Bad Mouthing Your Ex-Partner Online. Slandering your ex on social media may feel good in the moment, but it’s going to come back to bite you. If you have children, this can be especially harmful not only to your case but to your children’s well-being. If your children see these comments, they could feel guilty, confused, or even hurt. It could be a catalyst for them to pull away from you and further hurt your case.
  • Instantly Posting Your New Relationship. We get it, you’re in love again – but let’s keep this to ourselves… for now. While Washington State is a no-fault divorce state, meaning that evidence of an affair is not necessary for a divorce, a new relationship especially with children involved can look unfavorable. Your ex-partner may be able to dig into your new relationships past and argue that they are not fit to be around the children, further jeopardizing elements of your case.  

The Conclusion?

While you’re going through your divorce, let’s lay low on the social media accounts. Everyone wants the most favorable outcome, and if that means a little less time online, I think that’s a fair compromise. However, you will likely need a trusted family law attorney to navigate these waters with you, so give us a call at (425) 776-4100 or email, and we can help steer you in the right direction.

BERESFORD BOOTH PLLC has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.