It is common for individuals to use social media platforms and text messaging to update their friends and family on the latest events in their lives, vent their frustrations with world news, and discuss personal matters. In most instances, these posts and messages are just another way of connecting with friends, family, and colleagues. In a family law case for divorce or custody proceedings, those posts can be ammunition for the opposing party.

Posts & Messages Can Be Presented as Evidence in Family Law

Many people are unaware of the risk that their social media posts, text messages, and emails present to their current court case. The availability of technology and the way it has intertwined itself into your daily life can often cause you to let your guard down. Don’t disregard the impact these communications have on other aspects of your life. When an attorney presents evidence of messages in court, it shocks most people. They can’t believe how easily the opposition obtained this evidence.


When someone takes posts or text messages regarding partying, drinking, or even jokes out of context, they can become a real threat in cases involving custody of children. Courts can look at your own posts and messages if they are presented by the opposing party to determine custody arrangements and visitation.

Finances in Family Law

When it comes to divorce, money is a highly disputed topic. Your court proceedings ultimately decide the division of assets, alimony, and child support. Anything you post on social media regarding lifestyle, purchases, or even work can be used against you in these proceedings.

What Can You Do To Prevent Your Posts From Being Used Against You in Family Law?

When you are making a post on social media or sending a text message, the last thing on your mind is how those interactions could be used against you. No one likes experiencing censorship or restriction. However, when you are going through a court proceeding, it’s important to put safeguards in place. These will ensure you are not overexposing yourself.

Think Twice Before You Post or Message

Ultimately, the easiest way to manage your social media and text messaging communications is to take a moment to consider how a message or post may impact your family law case down the line. While it is definitely frustrating to feel like you are being watched, your court case will not last forever. It is always in your best interest to avoid the consequences of posts that you feel could put you at risk. If you feel something could be used against you, then it is best to leave it unsaid.

Double Check Your Privacy Settings

To reduce the intrusion on your personal life from peering eyes, it is a good idea to go over your privacy settings. Look through social media and messaging apps and ensure your messages are reaching your intended audience. It is also important to review your friends list. Consider any mutual connections you may have to the opposing party who have access to your information and posts.

Manage Your Passwords

Over time, we may share passwords and logins with our spouses. Make certain that outside forces cannot access or change your information. Take the time to update your logins with new passwords across all the platforms you use.

Remember, it is Impossible to Delete

One of the most useful reminders when using technology is that deleting something completely is almost impossible. Even if you have deleted something within minutes of posting or emailing on your end, it can exist in various ways through your hard drive, screenshots, and on the end-users’ devices.

Going through a divorce can be overwhelming and emotional. Keep yourself protected through the entirety of the process and take the necessary steps to reduce or eliminate the impact that these social media posts and text messages can have on your case.

Contact us at the Ellender Law Firm for more information.