husband and wife with phone


The rapid evolution of social media has changed the landscape of the way we handle business and personal relationships. Since the introduction of Facebook and Twitter, social media has become a technology utilized by people of all ages. Millions of Americans are happy to keep friends and followers aware of their comings and goings throughout the day. Of course, while sharing their lives with friends, people may not desire employers or adversaries to know what they are doing, especially during a divorce. This article will explore social media use and whether it is admissible as evidence during a divorce.

Social Media Divorce Evidence

social media divorce evidence

The day of social media divorce evidence has arrived. Today, social media content has become fair game for use during a divorce in various ways. While the laws vary from state to state, most jurisdictions in the United States allow the use of social media content in divorce proceedings if the party submitting the evidence obtained the content legally. New Jersey permits the use of social media postings as evidence in divorce proceedings, and the use of social media sources has steadily increased over the last few years.

Admissible Evidence in Divorce Cases

Damaging information present on social media can stretch far beyond a picture posted on Facebook. Admissible evidence in divorce cases can come from a variety of social media sources. Beyond the routine social media post for friends, messages, pictures, videos, and other content from phones and tablets may be suitable for use as evidence during a divorce proceeding.

Lawyers in New Jersey and throughout the country are using social media content to prove allegations of infidelity and support claims that a parent is unfit to get custody or visitation rights with his or her child. Verbal postings, pictures on Facebook or Instagram, or tweets on Twitter could all corroborate these accusations. Public sharing of anything showing a parent involved in risky or illegal behaviors may support allegations purporting the person is an unfit parent.

divorce evidence

Social Media After Divorce

Most attorneys will advise their clients to avoid social media postings during the divorce process. The preferred way of doing this is to suspend social media accounts to prevent others, especially opposing attorneys, from getting access to information. Similarly, attorneys will advise clients to be careful utilizing social media after the divorce, because it also has its hazards.

Anybody can take any post out of context. Think before you post. Don’t share embarrassing content or bash your ex-partner on social media. Keep your opinions about them off the internet. Bragging about your new Tesla may impress your friends, but it may also raise questions regarding your assets and ability to pay more alimony or child support. Also, keep in mind that some of your friends may also still be friends with your ex-spouse. Anything you say to them could find its way back to your ex-partner.

Ask an Attorney Your Social Media Questions

Are you about to go through a divorce proceeding? Do you have questions about using social media content as evidence? Enlist the services of an experienced and professional divorce attorney to guide you through this complicated process. The Law Offices of James C. DeZao has a team of knowledgeable attorneys capable of answering your questions about the use of social media content as evidence in divorce proceedings. When it comes to divorce, you need every piece of evidence at your disposal to ensure a favorable outcome. Call us today at (973) 358-6134 for a free consultation.