Social Media and Divorce: What NY Residents Need to Know

In today's digital age, social media has become an integral part of our daily lives. We share updates, photos, and thoughts with friends and family at the click of a button. However, when going through a divorce in New York, those seemingly innocent posts can have serious legal consequences. Understanding how social media can impact your divorce proceedings is crucial to protecting your interests.

How Social Media Posts Can Be Used as Evidence

Many people don't realize that anything posted on social media platforms like Facebook, Instagram, Twitter, or TikTok can potentially be used as evidence in divorce proceedings. New York courts regularly admit social media content as evidence when it's relevant to issues such as:

Child Custody and Parenting Time: Posts depicting irresponsible behavior, excessive drinking, or questionable parenting decisions can significantly impact custody determinations. Even check-ins at bars or nightclubs during your parenting time can be used to question your judgment as a parent.

Asset Disclosure and Financial Matters: Photographs of expensive purchases, luxury vacations, or new assets can contradict claims of financial hardship or reveal hidden assets. If you've claimed an inability to pay support but post pictures from an expensive resort, expect these to surface in court.

Spousal Maintenance (Alimony): Evidence of cohabitation with a romantic partner can affect spousal maintenance obligations. Similarly, posts suggesting a higher standard of living than claimed in financial disclosures may undermine your position.

Credibility: Inconsistent statements between what you post online and what you claim in court documents can severely damage your credibility before a judge.

The Discoverability of Social Media Content

Under New York's discovery rules, social media content is generally discoverable if it's relevant to the case. Even if your privacy settings are strict, content can still be obtained through:

• Screenshots taken by your spouse or others with access to your account

• Subpoenas to social media companies

• Discovery requests for access to your accounts

• Information shared by mutual friends or family members

It's a common misconception that deleting posts will solve the problem. In fact, destroying evidence (including social media posts) after litigation has begun can result in sanctions and create an inference that the deleted content was harmful to your case.

Best Practices During Your Divorce

To protect yourself during divorce proceedings, consider these guidelines:

Take a Social Media Break: The safest approach is to temporarily deactivate your accounts or significantly reduce your activity until your divorce is finalized.

Review Privacy Settings: If you continue using social media, maximize your privacy settings. However, don't rely on these settings to keep information completely private.

Think Before You Post: Assume that anything you post will be seen by your spouse's attorney and potentially presented to a judge. Ask yourself: "Would I want this shown in court?"

Avoid Discussing Your Case: Never post about your divorce, your spouse, the proceedings, or your attorney. These posts can complicate settlement negotiations and harm your case.

Don't Post About New Relationships: Dating during divorce isn't illegal in New York, but posting about a new relationship can complicate matters, particularly regarding custody and spousal support.

Be Mindful of Photos: Think carefully about posting photos that could be misinterpreted or that contradict your legal positions. A picture at a party might be innocent fun, but it could be portrayed differently in court.

Monitor Tags and Check-ins: Ask friends not to tag you in posts or check you in at locations. Review and remove tags regularly.

What About Your Spouse's Social Media?

Just as your posts can be used against you, your spouse's social media activity can support your case. However, it's important to gather this evidence properly:

• Take screenshots with visible dates and URLs

• Don't hack into your spouse's accounts or ask someone else to do so

• Don't create fake profiles to access their content

• Work with your attorney to properly obtain and present this evidence

Special Considerations for Parents

If you have children, be especially cautious about what you post about them. Courts prioritize children's best interests, and parents who overshare about their children online, post disparaging comments about the other parent, or display poor judgment on social media may face consequences in custody determinations.

Never post negative comments about your co-parent where your children might see them and avoid using your children as leverage or subjects in your online disputes.

Contact a Syracuse Divorce Attorney Today

Social media can have a significant impact on the outcome of your New York divorce case. While it may be difficult to disconnect from platforms you've used for years, exercising caution online during this time is essential. The temporary inconvenience of limiting your social media use is far less costly than the potential damage to your custody rights, financial settlement, or credibility in court. If you're considering divorce or are currently in the process of divorcing, consult with an experienced New York family law attorney about how to protect yourself both in court and online. Contact our office today for a free confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.