Colorado Social Media During Divorce
How Social Media Might Impact Your Colorado Divorce
In today’s digital age, your active posting on social media platforms can allow people to know what you’re doing at all times. While this might be fun and convenient, it can also be disastrous for your pending divorce case. If you share the wrong information at the wrong time, it could be used against you.
Jorgensen, Brownell & Pepin, P.C. is renowned for presenting our clients with practical solutions in family law disputes and divorces. We can help you work through your divorce while advising you on how to use – or not use – your social media accounts throughout the process. Call our Colorado divorce attorneys to learn more about how we go above and beyond for our clients.
Don’t Be Mistaken: Your Private Posts are Public
Any information you share in a social media post is considered public if it's visible to others, even if it's only viewable by a limited audience. If your spouse suspects you might have information worth reviewing in your social media posts, he or she can use discovery tools to gain access to these posts. Think carefully before you post and avoid sharing content that could be potentially misconstrued or used against you.
Social Media Apps You May Want to Avoid
Social media can be destructive to your case, impacting rights to parenting time or decision making for your children, or reducing how much support you obtain, depending on what you are sharing with the world.
The best approach is to avoid social media altogether. When that isn't possible, we advise you to be cautious, respectful, and to limit your social media activity during the divorce process.
The number one social media site in the world, Facebook is a prime source to search for skeletons in your closet. Do not post anything negative about your spouse or your divorce process. Think about how each post would appear to a judge.
X
Many people use X (formerly Twitter) to vent frustrations in short bursts. This can be therapeutic, but in a divorce, you might slip up and say something you should not, or appear like an angry individual. The thoughts you post on X don’t carry tone or context and your words may be interpreted differently than you intended.
A picture can say a thousand words, and not all of them may be in your favor. Postpone any Instagram posts you want to share, no matter the content, until your divorce finalizes. The same general rule applies to Snapchat and other photo sharing apps.
Frequently Asked Questions
Can my spouse gain access to my private messages or deleted posts during the divorce process?
Yes, it's possible. During the discovery process, your spouse's attorney may request access to your social media accounts, including private messages. Even deleted posts can sometimes be recovered through forensic methods or subpoenas to the social media companies. It's crucial to assume that anything you've ever posted or messaged could potentially be accessed and used in the divorce proceedings.
How far back can social media posts be considered relevant in a divorce case?
There's no strict time limit on how far back social media posts can be considered relevant. Generally, posts made during the marriage are most pertinent, especially those from the period leading up to the divorce. However, older posts could still be relevant if they pertain to ongoing issues such as financial habits or parenting concerns.
What should I do if my spouse is posting negatively about me during our divorce?
Do not engage or retaliate online. Instead:
- Document the posts by taking screenshots or saving them.
- Inform your attorney immediately.
- If the posts are defamatory or violate any existing court orders, your attorney may take legal action.
- In severe cases involving threats or harassment, consider reporting the posts to the platform or law enforcement.
Should I delete my social media accounts during the divorce process?
Deleting accounts or posts could be seen as destroying evidence, which can have negative legal consequences. Instead, consider temporarily deactivating your accounts or significantly limiting your social media use during the divorce process. Always consult with our attorneys before making any major changes to your online presence.
Trusted & Compassionate Legal Guides for Your Divorce
Social media and divorce generally do not mix. If you are concerned about what your posts are saying about you in the eyes of the court, let our Colorado divorce lawyers know. With our counsel and guidance, we will help you through the system to an outcome which considers and protects your best interests. Our law firm has offices in Denver, Longmont, Loveland, and Broomfield, CO.
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