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Why Should I Avoid Social Media During My Divorce?

In recent times, almost everything is posted on social media. This can seem harmless, but what many people don’t recognize is that social media can be used against you when it comes to divorce proceedings. If you are in the middle of getting divorced, you have to be especially careful about what you post. Continue reading and give our skilled Morris County NJ divorce lawyers a call today.

How does posting on social media affect my divorce?

It is important to recognize that social media can have negative effects on divorce. A study shows that:

  • 81% of all divorce attorneys found social networking information that was later presented in court as evidence
  • 66% of divorce lawyers use Facebook as a primary evidence source
  • ⅓ of divorce actions begin with affairs that happen online

What are the dos and don’ts of social media during a divorce?


  • Speak badly about your spouse or ex-spouse online.
    • While it can seem harmless, any false comments, threats, or criticisms can result in harmful outcomes in a divorce.
  • Post photos or posts mentioning alcohol and/or drug use.
    • Something as simple as sharing a glass of wine with a friend at a party can be taken out of context. This is often used in court cases to demonstrate a spouse is an unfit parent.
  • Discuss new relationships.
    • Any new romantic relationships during a divorce should be kept private until the proceedings are final. This is because in some cases, the evidence may be used as proof of an affair which can majorly impact your divorce.
  • Let friends or family post about your life.
    • It is important to know that disparaging posts about your ex-spouse or information about your life posted by loved ones can damage your case as well.
  • Share your location.
    • Many people think nothing of sharing their locations as it has become a major part of social media. However, it can be harmful to a case, especially to post your location in bars, clubs, casinos, etc.
  • Believe that deleting information will protect you.
    • As you have likely been told, things you post on the internet are permanent. Incriminating posts can still be found and used in court. Deleting them can also be seen as an inference of guilt and may be held against you.


  • Make your accounts private
  • While the other party will still be able to access your information, it can be helpful to set your accounts to private and avoid accepting any new followers
  • Avoid posting on social media as much as possible
  • Be aware that your accounts can be used against you

If you are going through a divorce and you have questions about your social media activity, do not hesitate to reach out to our firm today.


If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.