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Social Media and Divorce – Be Careful Not to Overshare

Blog 5 Divorce 5 Social Media and Divorce – Be Careful Not to Overshare
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by | Dec 5, 2023

Social media is a part of our everyday lives. Most people have multiple social media accounts and actively post to their accounts each day. While social media has a purpose, it can be tricky to navigate during a divorce proceeding. Even though you have the highest security settings on your social media accounts, nothing you post online is entirely private. Our Austin divorce attorney discusses oversharing on social media and how social media could impact your Texas divorce. 

Be Careful Not to Share on Social Media 

During a divorce, your spouse and their attorney will likely monitor your social media accounts and online activity as much as possible. If you make a wrong move, they will use that against you in the divorce.

For example, you share pictures of a trip with friends. Suddenly, your spouse alleges you have more money than you disclosed and should pay more in child support payments. Another scenario might include allegations of an affair with one of your friends on the trip because you shared a room or looked too “comfortable” in photos posted to social media.

Another example of how social media posts could get you into trouble in a divorce involves your children. Suppose you post pictures of a trip with your child. However, your temporary parenting plan does not allow for out-of-state trips unless you give your spouse notice. As a result, your spouse files a motion with the court for a violation of the parenting plan.

The most insignificant, boring post could be twisted and used against you. Therefore, assume everything you post on social media is public. Your spouse might be able to access your accounts through a friend or family member. They might hire a private investigator to gather information and documentation of your online activity.

Tips for Using Social Media Responsibly During a Divorce in Texas 

In addition to not oversharing, other tips for using social media responsibly during a divorce include:

  • Limit what you post
  • Avoid personal information and details about your activities
  • Block friends from tagging you in posts and pictures
  • Use the highest security settings available for the social media account
  • Never disparage your spouse, their family, or the court, regardless of your frustration level or the fairness of a situation 
  • Avoid posing about consuming alcohol or drugs, even if you do so without your children present, or you have a valid prescription for a medication
  • Do not post about your children or their activities 
  • Refrain from discussing travel plans and events, even if you discussed the matter with your spouse

Discussing social media use with your Austin divorce lawyer is the best way to avoid actions that could hurt your case. Your attorney may advise you to suspend your accounts or stop using them during the divorce case. Each situation is different, so it is always best to get advice about your specific circumstances. 

Schedule a Free Consultation With Our Austin Divorce Attorney 

The steps and actions you take before and during a divorce can significantly impact your divorce settlement. Our legal team at the Law Office of Ben Carrasco will guide you through each step of the divorce process to help you avoid making mistakes that could hurt your case. Feel free to contact our office today to schedule a free case evaluation with an experienced Austin divorce attorney.

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About the Author

Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people’s lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.

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