The digital age has transformed the way we communicate, making social media an integral part of daily life. However, during a divorce, your online presence can impact legal outcomes.
Whether you’re working with a spousal maintenance attorney, seeking prenuptial agreement advice, or navigating the divorce process with the best divorce attorney in Fort Worth, understanding the role of social media is critical.
In Texas, specific laws and practical strategies can help you avoid missteps while ensuring your best interests are protected.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Social Media Matters During Divorce
Social media platforms—Facebook, Instagram, Twitter, and others—serve as digital diaries. They reflect your life, opinions, and activities. Unfortunately, during divorce proceedings, these platforms can become sources of evidence. Posts, pictures, and comments may be used to evaluate financial discrepancies, lifestyle claims, or even parenting abilities in cases involving child custody.
For instance:
- Example 1: A post about a luxury purchase might contradict claims of financial hardship, complicating spousal maintenance discussions.
- Example 2: A tagged photo of a parent engaging in unsafe activities could negatively influence child custody deliberations.
The stakes are high. That’s why you need a family lawyer or the best divorce attorney to guide your decisions.
Dos and Don’ts of Social Media Use During Divorce
Dos
- Be Cautious About What You Post
Share minimal information. Innocent updates can be misinterpreted, so consult your divorce lawyer before posting.
- Adjust Privacy Settings
Restrict access to your profiles by updating privacy settings. However, remember that privacy settings do not guarantee complete confidentiality—opposing counsel can subpoena content.
- Communicate Through Secure Channels
Avoid discussing the divorce process on social media. Use private communication methods, like email or secure apps, to interact with your divorce attorney.
- Document Evidence Thoughtfully
If you suspect your spouse’s social media content is relevant to your case—such as undisclosed assets or questionable behavior—share it with your attorney. Platforms like Turner Monahan, PLLC’s family law services can help identify what is admissible.
Don’ts
- Avoid Venting Online
Emotional posts can be misinterpreted and used against you. A frustrated tweet about your spouse could affect contested divorce proceedings.
- Refrain from Posting Photos of New Relationships
Texas is a no-fault divorce state, but posts about dating during separation might influence spousal support or child custody decisions.
- Do Not Discuss Legal Strategies
Sharing your approach to dividing assets or legal separation could give the other party an advantage.
- Stop Oversharing Financial Updates
Avoid flaunting purchases or trips that could contradict claims of financial hardship during asset division or spousal support negotiations.
Texas Family Code and Social Media
The Texas Family Code governs various aspects of divorce and family law. While it doesn’t specifically address social media, many statutes indirectly relate to digital behavior.
Evidence Rules
Under Texas Rules of Evidence 401 and 403, social media posts are often admissible if they are relevant to the case. For example, financial disclosures required during asset division might be contradicted by online content.
Custody and Best Interests of the Child
Section 153.002 of the Texas Family Code emphasizes the child’s best interests in custody decisions. Social media activity showing neglect or inappropriate behavior could affect custody outcomes.
Spousal Maintenance
Section 8.051 outlines eligibility for spousal maintenance. If social media evidence indicates concealed income or hidden assets, it can significantly impact the court’s decision.
Adultery and Fault-Based Divorces
Although Texas permits no-fault divorces, social media evidence of infidelity can influence fault-based divorce cases and affect property division under Section 7.001 of the Family Code.
How to Protect Yourself
- Work with Experienced Attorneys
Engage a family court lawyer or divorce attorney to ensure your rights are protected. Turner Monahan PLLC offers affordable divorce attorneys near you and provides consultations tailored to your situation.
- Conduct a Social Media Audit
Review past posts for anything that could be harmful in legal proceedings. Delete questionable content if advised by your attorney.
- Maintain a Positive Online Presence
If posting is necessary, focus on neutral, positive updates. Avoid controversial topics or inflammatory statements.
- Leverage Legal Advice
Consult the best divorce attorney in Tarrant County to determine how your social media activity aligns with your case strategy.
Turner Monahan PLLC – Here to Support You
Social media can significantly impact your divorce case, from custody decisions to asset division. Being mindful of what you post and consulting an attorney who understands the intricacies of Texas family law is essential to protecting your rights.
At Turner Monahan PLLC, our experienced attorneys are here to provide the guidance you need. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
