Social Media & Divorce: The Rules

These days, the vast majority of adults have at least one social media account. While you may not log on to Twitter or Instagram, the odds are you at least have a Facebook account. So, if you’re headed for divorce, this post is for you.

Once in a while we’ll come across or hear about someone’s post that will cause us to shake our heads, and think, “Why would they post that on Facebook?”

In today’s society, people are increasingly more connected to their social media accounts, and they often update their status on Facebook, send out a tweet, or post something without thinking.

All divorce attorneys think this way, and if you’re going through a child custody battle, a contentious divorce, or you’re in the middle of a divorce, please heed our advice:

1. Be careful about what you post.

Before you post or tweet, think, “Can this hurt my divorce case in any way?” If a post can be used against you in a spousal support or child custody matter, you shouldn’t post it.

Refrain from posting any risqué photos or images of you drinking alcohol, especially in a bar atmosphere. Same goes for posting about recent “big purchases” or a new love interest.

2. Keep your divorce off social media.

You should never discuss your divorce on social media; you want to keep this matter private.

While you may wish to seek support from friends, it’s better to keep these conversations private and off social media. Otherwise, anything you say can end up in your spouse’s attorney’s hands, and used against you in court.

3. Don’t badmouth your spouse, their attorney, or the judge.

It may be tempting to badmouth your ex, their lawyer or the judge, but this is a bad idea. Instead, tell your friends face to face.

Again, anything negative that you post on social media can make its way back to the judge and attached to your spouse’s custody application. Disparaging your spouse is frowned upon during divorce, especially if you’re battling over child custody.

4. If you’re not 100% sure, don’t post.

Even if you delete a tweet, questionable photo of you, or Facebook post, it can still be saved on someone else’s phone in two seconds flat. If you have to ask yourself, “Can my spouse use this post or pic against me?” then DON’T post it. Also, resist the urge to check in every time you go out on the town, on a date, or shopping.

5. Follow the judge’s orders.

If the judge or your divorce agreement prohibits you from posting pics of your kids on social media or dating websites, you need to abide by that. If there is no such order, maybe you should get one.

6. Think about taking a break.

We advise against telling the public where your children are and everything that you’re doing. At the very least, check your privacy settings and make sure you are not posting to the general public.

Be smart; if you’re in a contested divorce, you don’t want to give your spouse ammunition, and that’s easy to do on Facebook. This may be a good time to take a break from social media for a while.

Schedule a free consultation with a Denver divorce lawyer from Jones Law Firm, PC!


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).