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Social Media and Family Law

A few years ago, in a previous blog, we discussed The Use of Social Media in Family Law. Since that time, the use of Social Media evidence in Family Law Proceedings has exponentially increased. As we all know, Social Media is one of the most popular ways to communicate with your family, friends, colleagues, and associates. It has become extremely common to share your life on Social Media, especially since the last year and a half we have been dealing with the pandemic, restricting our outings with family, friends, and work. Kids birthdays, vacations, pet photos, it's all out there for the world to see, as want to still feel connected with the world. And, as a result, Social Media has become one of the primary sources of evidence in many Family Law proceedings.

It is extremely important that you think about what you post on Social Media before you do so. Certain Social Media posts can have a direct effect on your divorce or child custody situation. The last thing that you want is to have happen is that one picture or one post ruin your case.

Give the rise in Social Media use in Family Law, here are some helpful Social Media DON’TS:

  • Don’t forget to change your passwords

When you’re married or in a committed relationship you tend to share everything. Some individuals have family Facebooks and email addresses. This may also include passwords to your phone, email, and Social Media accounts. Or, you simply have the passwords for these accounts saved on your computer (or on their computer) so that you don't even need to log in every time. As a result, anyone that has access to your computer (or theirs) can open your account and view your page.

  • Don’t wait to open a new email account

While you could simply change your email password, sometimes that’s easier said than done. For some people who aren’t exactly tech-savvy or are concerned that their former partner will get into their account, it may be easier to just create a whole new account. Another reason to make a new email account is that it could be used as a secure method for communication with your attorney. By having an account solely devoted to your Family Law case, you ensure that you do not miss communications or documents from your attorney.

  • Don’t badmouth your former spouse

This is a big one. As hard as it may be to avoid venting your frustrations about your ex's unwillingness to pay support or his/her failure to pack your child's overnight bag for your custodial time, keep it off Social Media! Any litigation can be stressful, but Divorce, Parenting and Support issues can be especially highly emotional. You can do your case a great disservice by blowing a chance to resolve your matter simply because you bashed your ex in an Instagram post.

  • Don’t allow yourself to be tagged in inappropriate posts or photos

There are various types of inappropriate posts and photos that can do you quite a disservice. One of those types of posts is when you are posting or even tagged in photos where there are drugs and alcohol are present. This could be made even worse if you have the children in the same photos or gave up residential time to participate in these activities. This type of post could be used to challenge your fitness as a parent.

  • Don’t post anything you would want to be used against you in court later

Communications done in the heat of anger where you complain, criticize, or even threaten your ex-partner, will not be beneficial to your case. This communication can be over Social Media, a text message or even an email. While you may be angry, sending a profanity-laced text, email or making a threatening post on Social Media, is only going to hurt you in the long run.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. At Bains Law Firm, we have decades of experience helping our clients through the difficulty of family law matters of all types and can help you through the process. Contact us today at (253) 838 – 3377 or email at, to talk about your case.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.


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