Social media has become a major part of divorce proceedings. In recent years, it has served as a source of powerful, court-admissible evidence in many divorce cases. Thus, its influence can’t be ignored.
If you are going through a divorce, your social media posts can be used against you. Here is how this can happen:
Financial discrepancies
Posting luxury purchases or expensive vacations can contradict claims of financial hardship that you may have expressed in your sworn financial disclosure forms. If the income and assets disclosed don’t match the lifestyle being portrayed on social media, your soon-to-be ex-spouse may claim you are hiding assets. This can significantly impact property division and spousal support, and can lead to legal penalties.
Parental fitness
Your social media posts can be used to challenge your parental fitness, which can alter child custody decisions. The court can find that your choices conflict with the best interests of your child.
For instance, posting negative things about the other parent can show you are unwilling to cooperate and support your child’s relationship with the other parent; discussing the details of your case online can be used to question your character; photos and videos of frequent partying, heavy drinking and lavish spending can be used to demonstrate misplaced priorities, and so forth.
Understandably, you need support when going through a divorce. Thus, you may need to go out with loved ones. If you do this, ensure they understand your situation. Ask them not to take photos of you or tag you online.
In Ohio, a person’s own statement made through social media posts, comments or direct messages is not considered hearsay. They qualify as fully admissible evidence that can be used directly against you. Thus, it’s crucial to know what to avoid to protect your interests.