Can My Ex's Facebook Post Be Used as Evidence in My Divorce Case?

Yes. It’s always important to be careful what you post to social media. Despite “privacy” settings, it’s better to assume that nothing you post on social media is private. Our office routinely guides clients regarding the use of social media during a divorce or custody lawsuit. Some of the guidelines include:

1) Please “block” your ex on social media. The physical and cyberspace distance between you and your ex will help to keep conflict and drama at bay, which in turn allows you to focus on your health and your children’s needs.

2) Please do not discuss your case, your ex, or the impact that the case is having on your children, on social media.

3) Take great care in posting photos. As you can imagine, even the most innocent photo can be used against you.

4) Be careful where you "check in" and with whom.

Interestingly, we routinely get information from clients whose friends have sent them social media “screen shots” of the ex which contain damaging photos or social media postings about the case. Even if a particular “screen shot” is not able to be properly admitted into evidence in court in that case, that type of information can be very helpful to an attorney in a lawsuit, in other ways. As the saying goes, "information is power".

For family law assistance, contact Gertz Law Firm at 513-583-1549.