Social media can feel like a safe place to share daily life, express emotions, or talk to friends. But during a divorce case, what is shared online can become a serious legal concern. A small post, photo, or comment can be used as evidence and may change how a case moves forward.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC shares how social media posts can become evidence in a divorce case, reminding people that nothing online is ever truly private. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Can Social Media Posts Be Used in Family Court?
Social media posts can be subpoenaed just like text messages. Many clients already share their text messages with their attorneys, but it is important to understand that nothing online is truly private. Anytime something is posted, even if someone thinks it will be deleted or disappear, it can still be recovered. Everything on the internet is permanent.
Some people think apps like Snapchat delete posts automatically, but those posts can still be found. If someone is getting ready for litigation or is already in litigation, they must stop and think before posting anything. Once attorneys get involved, their teams and staff will actively look for online information that could be important to the case.
At Turner-Monahan, we look for these things to help our clients. Many law firms, including ours, have people who are very skilled at finding online posts, connecting accounts, and tracking down details that may seem random, such as posts about a girlfriend or someone connected to the case. It is simply easier and safer not to post anything during a divorce case or any legal process.
How Social Media Can Affect Child Custody
Posts that show arguments, drinking, partying, or anything that may raise questions about parenting can be brought to court. Even jokes or memes taken out of context can harm how a parent is viewed. Courts want to make sure children are in safe and stable environments, and what someone posts can be used to show otherwise.
Friends and Family Posts Can Also Matter
Sometimes people think they are being careful, but a friend or family member posts a picture that reveals something about the situation. A new relationship, expensive spending, or a night out can become evidence. Even if it is not posted by the person going through the divorce, it may still be linked back to them.
Changes to Privacy Settings Do Not Protect You
Making an account private or blocking someone does not stop attorneys from finding information. Screenshots, tagged posts, and old content can still be accessed. Privacy settings give a false sense of safety when it comes to legal cases.
What Does the Texas Family Code Say?
The Texas Family Code allows evidence that helps the court decide what is fair and what is in the best interest of the children. Social media posts can count as evidence if they show behavior or information that matters to the case.
Section 153.002 – Best Interest of Child
The best interest of the child is the court’s main focus. Online actions that question parenting decisions can be reviewed by the court.
Section 7.001 – Property Division
Property must be divided in a fair and right way. Posts about large purchases, vacations, or hidden money may help decide how property is divided.
Evidence Rules 401 and 403
The court can accept relevant information, including social media. If a post proves something important, it can be used to support or challenge claims.
These laws give courts the right to allow online evidence when it helps show the truth about a person’s behavior or financial situation.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Social media can have a bigger impact on a divorce case than most people expect. Thinking twice before posting can protect both family and future. For guidance that fits the case and the law in Texas, consult with a family law attorney who can help every step of the way.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
