Social Media & Divorce

By Lindsey Houk, Partner | Waple & Houk, PLLC

It seems that social media is a common thread that we all share no matter our age, social status, gender, or profession. Long gone are the days where you wake up and walk out the door and grab the morning paper and read while sipping your coffee. Yes, I am sure there are exceptions to this rule, but it is a lost ritual that has been replaced with the morning “scroll” through Facebook, Instagram, Twitter, Snapchat, and the list goes on and on.  

Some use their social media as a place to proudly display the pictures of the ones near and dear to their hearts, some use it as a soapbox, some use it as a way to keep up with their friends and social network and some use it as a way to facilitate business and new relationships. Regardless if any or all of the above apply to you, the ultimate question is how does an attorney use social media?

Believe it or not, what you post on social media “can and will be used against you” (excuse the pun) in court. As a divorce attorney, if I need to know information about someone or if I am looking for something incriminating or if I need them to be served so I need a recent picture of them, where do I go? You guessed it. Social media.  

While celebrities take to social media to rip each other apart in domestic disputes (what was Rob Kardashian thinking?), we non-celebs post information that we believe to be harmless, but it can come up later in court. Oh, you don’t have an additional job to assist your spouse and pay post-separation support? What about this flyer from LinkedIn that says you are hosting events and charging per person? You can’t pay your child support this month because times are just so tough? How can you afford the two vacations that you have taken in the last month that you have boasted about all over social media?  

Anyone else want to go immediately to their social media and double-check some things? Talk to your attorney. I always tell my clients that before they send a text or post to social media, I want them to think about telling me exactly what they are sending or posting. If there is a chance that I would tell you that I strongly advise against it, do not send that text or post on social media.

If you are going through a divorce or separation, call the attorneys at Waple & Houk. We are here to guide you through the litigation process and, yes, even caution you as to how and when to post on social media.

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