Should I Delete Social Media Posts During Divorce?

 Posted on August 23,2022 in Divorce

While couples usually get divorced because they no longer have the same vision for the future or have unsolvable conflict, the tension between them usually reaches new heights during the divorce. The task of resolving complex issues like property division, child custody, and alimony can seem impossible when you dislike your spouse and want to avoid talking to them if at all possible. 

One way many divorcing spouses handle the stress of divorce is by venting about it on social media. While this behavior is common, it can be a huge mistake–once something is on the internet, the record of it may exist forever, even if the person who posted it tries to delete it. Practicing minimal social media use may be difficult during divorce, but it pays off in the long run. 

Do Not Delete Old Posts, Profiles, or Photos

The first thing many people getting a divorce want to do is distance themselves from their spouse. It may seem like the easiest way to publicly do this is by deleting every shred of evidence you were ever together. However, deleting things off social media may not be a good idea. 

First, your past social media activity may already have been documented by your spouse and could be brought up in discovery or litigation. If a social media record is introduced as evidence, deleting it could be seen as destroying evidence. Second, if there is any question as to whether your spouse’s version of events on social media is true (photoshopping screenshots is very easy), you will want your own hard copy to prove what really happened. And third, deleting social media posts might make it look like you have something to hide. 

What Should I Do with My Social Media During Divorce? 

Most attorneys suggest maximizing your privacy settings on social media, avoiding social media use altogether, or temporarily disabling (but not deleting) your account so other people cannot access it at all. If you do choose to use social media during divorce, never post anything disparaging about your spouse, their family, or your kids. Make sure you cannot be tagged in friends’ photos without your permission. 

Oftentimes, mutual friends of a couple will “take sides” during the couple’s divorce. When this happens, the friends of either spouse may feel justified in engaging in investigatory behavior, including trawling through the other spouse’s social media content. The less you have for people to see, the less likely social media use will be a problem in your divorce. 

Get in Touch with a DuPage County Divorce Attorney

Knowing what to do with social media and other records can be difficult during a divorce. To get sound legal advice throughout every step of your Illinois divorce, call the Naperville, IL divorce attorneys with Calabrese Associates, P.C.. We will help you present the best case possible and help you avoid potentially incriminating pitfalls with social media. Call us today at 630-393-3111 to schedule a confidential consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000