Social media can significantly affect divorce proceedings in many ways. To begin, it is no surprise that higher social media usage can cause more issues related to infidelity, jealousy, and overall conflict between the spouses. In today’s digital age, social media is more frequent, and it influences how we connect with others. This is particularly important in the context of a divorce as the usage of online platforms and messaging apps have been a significant cause of marriage breakdown and tension between spouses.
One of the ways social media can impact divorce proceedings is evidence. Any publication or message sent on a social media platform whether it be on Facebook, Instagram, X, or YouTube could be admitted as evidence in court, with respect to one’s rights. From a social media page, one spouse can gather information and insight into the other spouse’s behaviour, lifestyle and interactions with family and friends. These publications would include posts, comments, photos, and messages. Consequently, these elements can be used to prove allegations of infidelity, substance abuse, dishonesty, irresponsible parenting, etc. For example, a spouse may use social media to post pictures of expensive purchases and luxurious travels meanwhile they are refusing to pay child support in the context of their divorce. Social media evidence could influence decisions of the court with respect to parental authority, child custody, partition of assets, child and spousal support.
Moreover, it is important to keep in mind that social media is not always private. With exceptions of a breach of fundamental human rights protected by the Quebec and Canadian Charters of Human Rights and Freedoms, almost any post, comment or photo can be used as evidence in legal proceedings.
Additionally, one can never guarantee the integrity of a social media page, publication, or message. Social media holds a lot of power, and therefore, it is important to reiterate that publications can be taken out of context, misinterpreted or misconstrued. With the popularity of apps like Photoshop, we cannot believe everything we see online.
To ensure that social media does not have a negative effect on divorce proceedings, it is crucial to follow certain guidelines with respect to social media usage, in order to protect yourself during such a vulnerable time.
Firstly, you need to be cautious about what you post online. In other words, you should assume that your posts on social media will be seen by the adverse party and their team.
Secondly, avoid posting about your frustrations, criticisms, and ongoing legal matters with your ex. This also extends to sharing your financial details, your children, and any new relationships online while your divorce proceedings are ongoing.
Lastly, it is important to prioritize your mental health and the protection of your children. Shield them away from the conflict between their parents.
Cooperative and respectful communication will be seen as an advantage before the court. Therefore, it is important to be mindful of what you share on social media platforms. If you have any questions with respect to how social media could affect your individual case, please feel free to contact one of our lawyers here at Spunt Carin who can offer specialized legal advice on the subject.
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