How Can Social Media Affect My Illinois Divorce Case?

 Posted on July 14, 2020 in Divorce

Social media has changed the way humans communicate and interact with one another. Although it has been around for decades, every day we learn more and more about the effect that social media can have on our lives, especially as it pertains to relationships. Many studies have pointed toward social media as a possible factor for unhappiness in marriages and other relationships and even a possible trigger for some divorces. What some people may not know is that just as social media may play a role in your marriage, it can also have an effect on your divorce. However, whether the digital platforms are helpful or destructive is up to you.

Social Media and Your Divorce

In many divorce cases, social media can impact the proceedings. The most common way social media is used in divorce cases is to provide evidence toward an assertion that you or your attorney may have regarding your spouse. A social media post, photo, video, or other content could be the proof that you need to show that your spouse is not being entirely truthful with the court.

For example, let us say you request spousal support because you were a stay-at-home parent for most of the marriage. You know that you cannot live on spousal support forever, but you can only find part-time employment while you go back to school and finish your degree. Your spouse claims that he or she does not make enough money to pay for his or her own living expenses, along with spousal support and child support and that doing so would place a financial burden on him or her. However, you were scrolling through Instagram one day and saw your spouse had multiple posts about his or her recent beach trip to Mexico—a trip you knew nothing about.

While there are still other steps that must be taken in order for these social media posts to be admitted as evidence, they may be sufficient for a judge to rule that the husband has adequate income to pay the support payments. Depending on the facts of the specific case, the judge may also be able to rule that the husband was in contempt when he noted that he did not have the funds to pay for spousal support in the first place.

Tips to Protect Yourself on Social Media

Just as you can use your spouse’s social media posts against him or her, he or she can do the same thing to you if you are not careful. Getting a divorce does not mean you have to stop using social media, but it does mean that you should take a second look at how you are using your social media accounts. Update all of your privacy settings to reduce the chances that you will be found in random searches by your spouse or any of your spouse’s friends or acquaintances. You should also refrain from mentioning or talking about the divorce on social media platforms. Save those comments for in-person conversations with people you know you can trust.

Contact a Wheaton Divorce Attorney

The Illinois divorce process can be long and stressful, especially if you and your spouse are in a particularly contentious divorce. At the Goostree Law Group, we can help you settle any issues you may be facing during your divorce, such as issues concerning social media usage. Our team of skilled DuPage County divorce lawyers has more than 80 years of combined family law experience that we are ready to put to the test on your behalf. To schedule a free consultation, call our office today at 630-364-4046. 

Sources:

https://www.isba.org/ibj/2013/07/facebookwhatfamilylawyersshouldknow

https://www.natlawreview.com/article/family-law-social-media-evidence-divorce-cases