Reviewed by Paul H. Townsend, ESQ.
Social media is part of daily life, but during a divorce, it can quietly become a source of evidence. Posts, photos, comments, and even location check-ins can be used by the other side, and courts in New Jersey routinely admit this kind of material. Whether your divorce is ongoing or already finished, being thoughtful about what you share and what you delete can protect your case. As such, during a divorce in New Jersey, you should assume that anything posted on social media could potentially end up in front of the judge assigned to your case, including posts about spending, drinking, or new relationships. Your social media posts can impact matters like custody and support. Additionally, deleting relevant content may be treated as spoliation or destruction of evidence, leading to court sanctions or additional penalties against you. The safest option is to set your accounts to private and refrain from posting. Read on to learn more.
How Social Media Can Affect Your Divorce
Courts in New Jersey allow social media posts to be submitted as evidence, and what you post can impact contested issues in your case. Posts may impact custody, as your judgment may be called into question; alimony, if your posts contradict your financial disclosures; or even the grounds on which the divorce was filed if a new partner becomes relevant. Disparaging or negative posts about your ex-spouse can also be used against you to impact your credibility.
What Not to Do
- Do not speak badly about your spouse or ex-spouse online. Criticisms, threats, or false statements can backfire.
- Do not post about alcohol or drug use. Even an innocent photo can be taken out of context in a custody dispute.
- Do not post about new romantic relationships until the divorce is final.
- Do not share your location, especially at bars, clubs, or casinos.
- Do not let friends or family post about your life or tag you; their posts can affect your case too.
Why You Should Not Delete Posts
It’s natural to want to delete posts once you begin a divorce, but it can be a critical error. In New Jersey, once a divorce petition has been filed or is reasonably anticipated, both parties are required to preserve evidence, including digital evidence. As such, deleting any relevant social media content or activity can be treated as spoliation or destruction of evidence in accordance with New Jersey Court Rule 4:23-2.
The consequences of deleting activity may be worse than the post itself. The court may issue sanctions or enter an adverse inference. This essentially means the court has legal grounds to assume that the content deleted was negative. As such, trying to hide a post may result in hurting your case more than leaving it up would have. If you have content on your profiles you are concerned about, you should contact an attorney as soon as possible.
What You Should Do
- Turn your accounts to private and refrain from accepting new followers
- Refrain from posting during the duration of your divorce
- Assume any posts, including those published on a private account, are visible to the other party
- Contact your attorney for any posts that you have concerns about
Contact our Firm
In the event you are going through a divorce, it is in your best interest to connect with an experienced attorney with Townsend, Tomaio, Newmark & Clancy, LLC. If you are going through a divorce and have concerns about social media activity, it is in your best interest to refrain from deleting content and contact an experienced attorney as soon as possible. Our firm is here to help.
