Social media is a tool to connect and learn, but since the explosion of social media sites like Facebook, Instagram, and Twitter, many people post about every moment of their lives. While there is nothing inherently wrong with sharing life updates with those you love, some information may be too sensitive to share especially during divorce proceedings. So, can Facebook posts impact your divorce case?
Oklahoma is a no-fault divorce state. This means that spouses do not have to provide proof of wrongdoing qualify for divorce. Instead, spouses may claim “irreconcilable differences” or any variation on the term. This means that the marriage cannot continue, and reconciliation is unlikely.
However, some aspects of a divorce case may be influenced by fault. Child custody and any form of child support may be impacted by the circumstances surrounding the divorce. It is important to note that the court will always act in the child’s best interests over the parents. This means that the court may not grant spousal/child support or custody to a spouse who has a history of abandonment or domestic violence charges.
That said, fault-based grounds in a divorce may include:
- Extreme cruelty
- Substance abuse
- Abandonment of children and/or spouses
- Documented instances of domestic violence
Because these factors often play a significant role in how assets are divided or whether a parent will have custody or visitation rights it is crucial that spouses be careful when navigating the emotionally charged period during divorce proceedings.
There are no guarantees in a divorce, and any detail could tip the scale. Divorce is an extremely emotional process and especially for contentious cases. It can be tempting to take out strong emotions on their spouse whether it be in court, to friends, or online. However, harassment and defamation are serious charges and could negatively impact the outcome of the divorce.
If judge finds evidence of animosity and aggression, they may not feel that granting custody or visitation rights are in the child’s best interests. Additionally, if the behavior of one spouse jeopardized the living situation or means of the other spouse and/or the child, they may be ordered to pay support and may not receive an equal amount of assets during property division.
Conducting oneself appropriately is one of the most important elements of any divorce case. Keep reading to find out how social media can impact your divorce.
Facebook, Instagram, Etc.
As more people join platforms like Facebook and Instagram, they may feel more comfortable sharing details of their personal lives with their followers. However, while you may not be saying those words to another person’s face, they do not happen in a vacuum.
Social media posts can be used as evidence in civil and criminal cases. If there is social media content that alludes to an affair, abuse, or aggression it may be used against you in court. In divorce cases, one party may use negative evidence to get a greater share of the marital estate or to sway the court to not grant custody to the offending spouse.
How To Stop social media From Affecting Your Divorce
If you are filing for divorce, it is crucial that you take the steps necessary to protect your interests and the best interests of your family. While social media can be cathartic, it can also be caustic and may increase the stress levels during this already difficult period.
The best way to stop social media from affecting your divorce is to stay off of all media platforms for the duration of the divorce proceedings. If you think that there may be damaging posts on your accounts from the past, consult your attorney about your options. In some cases, it may be best to delete or hide the posts while in other cases it is best to leave them up. Regardless of the status of your social media, you must consult your attorney.
If need trustworthy, dependable advocates, contact Nichols Dixon PLLC.