Social media harms a divorce in many different scenarios. When you’re going through a divorce or custody battle in Oklahoma, the things you post can turn into a minefield. Most people see their online presence as just a way to connect with friends and express themselves. However, during a contentious legal case these interactions can cause a whole host of problems. This article will delve into some of the ways that social media can harm a divorce and ways to prevent it.
Sharing Too Much Information
Social media has always been a place to share your feelings. This might give you the urge to post your feelings about your divorce or custody case on social media. Unfortunately, posting details about your case or your feelings towards your ex-partner can majorly backfire. Social media posts are often evidence in court cases where there is a custody battle. Negative behavior or an inability to co-parent effectively could irreparably damage your case.
Impact on Child Custody
When going through a custody battle, it’s important to be aware of what you say and where you say it. In custody disputes, the court’s main concern is always the well-being of your children. Judges will look at each parent’s ability to provide a stable and supportive environment. As such, if your social media profiles are full of inappropriate content or suggest an unstable lifestyle, it could influence the judge’s decisions about custody. For example, pictures of partying or reckless behavior might suggest you’re not focused on your child’s best interests. It’s important to show the court your best self and prove your capabilities as a parent. You can’t do that if you’re acting one way in court, and radically different on social media.
Privacy isn’t a Guarantee
Locking down your profile to the public is a perfectly reasonable safety measure a lot of people take. However, even if you think your accounts are private, your online information might be more visible than you expect. Friends can share your posts through screenshots, or friends of friends can access your profiles through mutual connections. Once something is online, it’s almost impossible to make sure it stays private. Anything you post can potentially be found and used against you in your divorce or custody proceedings. This is why it is so important to be mindful of your actions on social media. Mitigating the harms of social media in your divorce is the only way to ensure this doesn’t happen.
Misinterpretation of Posts
The full context of social media posts is often lost due to not being able to convey tone over text. This means what you meant as a joke or a casual comment can be taken out of context and used to portray you negatively in court. For example, a sarcastic remark about spending money freely or mishandling your responsibilities could be used to question your financial stability or parenting skills. In today’s day, we are in an age of the internet where a lot of younger people will post things facetiously. Unfortunately, the court doesn’t have room to loosely interpret posts as satire when it comes to child safety. You should always err on the side of caution when joking about anything online during a divorce.
Legal Ramifications of Online Behavior
Although the U.S. Constitution protects free speech, that doesn’t mean it is without certain consequences. In Oklahoma, like in many places, the content of your online interactions can have certain legal consequences. For instance, threatening messages, disparaging remarks about your ex-spouse, or discussions of new relationships can impact how the court views your character and credibility. These behaviors can directly influence the outcomes of divorce settlements and custody arrangements. Although the courts prefer joint custody, they will not award it if they see one of the parents as a threat.
The Impact on Settlement Negotiations
Social media can also affect how you and your ex-spouse negotiate during the divorce process. If one party sees the other party living what seems to be a lavish lifestyle on social media, it may lead to disputes over financial support and asset division. This can make negotiations more difficult and prolong the legal process. Alimony is especially impacted by this when the court sees you as the main breadwinner.
Tips for Managing Social Media
Given the potential pitfalls, managing your social media presence during a divorce or custody case is crucial. You should seriously consider taking a break from social media until your case is over. If you choose to remain active online, think carefully about what you post. Keep your privacy settings updated and avoid discussing any aspects of your divorce or your feelings about it online. Unfortunately, too many people have been ruined by a post they considered innocuous.
The Role of Evidence from Social Media
Courts can consider anything from your online profiles as part of the evidence in your case. Texts, emails, photos, and even your location data can be used in court. Further, if there’s anything on your social media that could be seen as evidence, assume that it might be used in the proceedings. There aren’t many limitations to what social media evidence they can use in a case. The posts just have to be unredacted and unedited to be admissible. Therefore, it’s better to be safe than sorry later on in your divorce case.
Beyond affecting your divorce or custody case, remember that your social media posts can have long-term consequences. Your children might one day see what you’ve posted about your divorce or about their other parent. Thus, these posts can impact your relationships long after the legal issues are settled.
For other important legal topics, check out our Family Law Blog here.
Tulsa Divorce Lawyer
Navigating a divorce or custody case is never easy, and the harms of social media adds an extra layer of complexity. Being mindful of your online behavior can help you avoid many of the pitfalls that come with these cases. Remember that in the digital age, your online persona is an extension of your real-life behavior. Keeping this persona in check can significantly influence the outcome of your legal proceedings in Oklahoma. Our Tulsa family law attorneys can guide you through your divorce or custody case. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.