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Text Messages and Social Media Can Affect Your Divorce/Custody Case

In the modern age of social media and smartphones, we often don’t think twice about posting a picture of our vacation or firing off a text message. It’s easy to do and is such an integral part of our culture, but what you might consider even the most innocent Facebook photo or text message can come back to bite you if you are involved in a divorce or custody dispute. At Blake & Associates, we have seen the consequences of the digital age on divorce and custody cases. Anything you send in a text message or post on the internet never really goes away. It can be saved and used to make a case against you.

Consider, for example, that text messages easily can be misinterpreted or taken out of context. Even if your message isn’t taken out of context, an angry message to or about your soon-to-be ex-spouse could lead to severe consequences. Regardless of context or your intended interpretation of the message, opposing attorneys could make the case that you need anger management therapy, therefore you are not in a suitable mental state to have child custody rights. You could be even portrayed as abusive. You might try to make the case that somebody can’t just come and look at your phone for evidence. That is true, but in some cases, the court could subpoena your phone records. Regardless of whether anyone sees your phone, the recipients of your texts can voluntarily turn them over as evidence.

Being transparent in social media posts can put you at a disadvantage in a divorce or custody case. Posting pictures of lavish vacations, pricey meals and designer clothes is not a good idea when money is involved. Imagine you are arguing that your spouse expects too much money for child support or alimony. The opposing attorney then puts into evidence your Facebook timeline, which shows expensive meals at a luxury resort during your recent vacation. Your claim just went out the window. Imagine, too, that you are filing for sole custody of your children. If your social media feed is full of stories and pictures of wild parties and drinking, your chances don’t look good.  

If you use social media, be cautious and use good judgement. You should discuss the topic of social media with your attorney. These things can be prevented if you know the consequences and why it can be held against you.

At Blake & Associates, we understand that separation and divorce are difficult. Something as simple as a text message or social media post can make things even more difficult and can put your case in jeopardy. We focus solely on representing clients in divorce, child custody, child support and other family cases in Augusta and Aiken. Contact us at (706) 724-7514 for a free consultation.

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