If you are going through a divorce or preparing to file, the best thing you can do is to limit or stop yourself from posting on social media, especially photographs.
This is increasingly important as we are confronted daily with new social platforms and smartphone applications. We live in an age of constant written communication and sharing (i.e., iMessage, WhatsApp, Google Hangouts, Facebook Messenger, Instagram, Twitter, etc.).
Today we have the ability to share our every moment – the good and the bad. It is easy to become excited and share personal or professional accomplishments and announcements. You may have the urge to voice concern or frustration about an issue that is personal or not in nature.
Before you reach for your smartphone, stop and think.
What you perceive as acceptable may have harmful consequences to your case. Remember, a social connection is a connection and not necessarily a “friend.” A connection may share your post with your spouse. So even if blocked, your spouse might obtain your posts and photographs and use them as leverage in negotiation against you, or in court to damage your credibility and challenge your fitness as a parent or ability to work.
Be mindful that anything that you write, post, tweet, or share could be used as evidence against you in court, even if you think your previous posts were deleted or hidden. It is possible to recover deleted posts or for an individual to take a screenshot. Do not be fooled by apps such as “Snapchat” in believing the picture you sent will disappear after a few seconds. The recipient can save the image with a screenshot and possibly show it to a judge.
If you must use social media, then you need to exercise discretion and good judgment in what you share and put in writing. The general rule of thumb is “when in doubt, don’t.”
