Last Updated on September 28, 2023 by Benson Varghese
If you’re facing a divorce or child custody dispute, the last thing on your mind is what you’ve posted on Facebook or Twitter lately. But as the role of social media and the Internet continues to rise, so does its use as evidence in the courtroom. Here’s a look at the effects of social media in divorce cases in Texas.
Attorneys don’t have to try very hard to access publicly available posts, including comments, images, and videos shared on social media sites. It’s usually at their fingertips and this information could be used as evidence against you in court.
It’s not just the content of your social media feeds that is important. It’s also the embedded information that is connected to online apps. We’ll examine some examples and explain how social media in family court can negatively impact your case. But first please, take a moment to watch this video by experienced family law attorney Turner Thornton.
How can social media posts harm my divorce or family court case?
Should I delete social media accounts or posts?
Not necessarily. You should consult your attorney before deleting anything. Opposing lawyers could view any deletions as an attempt to erase evidence. A skilled family law attorney will have a strategy for how to best handle your online history.
What else should I be concerned about?
It’s not just about what is on your feed, either. The social media feeds of friends and family that include photos or information about you or that could place you somewhere at a certain time could be detrimental.
Social media evidence gives attorneys specific details about their client and the opposing party. Be candid about your social media history with your attorney so they can properly prepare your case. No family law attorney wants to be caught by surprise by the opposing attorney because you didn’t divulge it to them beforehand.
Does attorney-client privilege include social media and email?
How should you handle social media in divorce cases?
Are the admissibility standards for social media evidence different?
Should you stop using social media during a Texas family law case?
How do attorneys use social media evidence in Texas divorce cases?
Can social media be used in Texas child custody cases?
Judges also frown upon posts showing guns, drugs, or other illicit material.
The court focuses on what is in the child’s best interest. Texas family judges generally permit the information as long as the social media evidence is relevant to the dispute and appropriately authenticated. Even sarcastic comments on social media can be misconstrued and used against you, and the intent is often hard to discern in a social media post.
For example, exaggerating how much you had to drink or joking that you want to see your ex-spouse harmed could prove that you’re unstable or violent during a divorce or custody case.
Can social media posts help prove your spouse cheated?
Proof of adultery could help sway a judge to award a larger portion of the community estate to the other party or alter the amount of spousal support.
Can social media affect how the court evaluates my income?
Worried about social media in divorce court? Call us.
Your social media history can be used against you during a divorce or child custody case. Varghese Summersett Family Law Group provides comprehensive representation for our clients to ensure the best possible outcome. We will not only help you minimize any issues with your social media history, but we’ll implement every available tool to use the opposing party’s social media history to your advantage. For a consultation, call us at 817-900-3220.