So much of our life today is tied in with our phones and apps. When we depend on it for news, work, and entertainment, it can be frustrating to hear that we should cut back on social media. Even so, if you are getting a divorce or think you may be, you will need to log off for a while and take a step back from posting online.

We’ve probably all seen an ex-couple—a famous one or one just outside town—throwing barbs online or stirring up drama. What we don’t see are the serious consequences that these careless posts can have in a divorce proceeding. Even seemingly unrelated posts can be used against you in ways you never anticipated. Georgia divorce law is full of pitfalls, and without guidance, your social media may provide evidence against you.

Social Media as Legal Evidence in Georgia

Some people still have the idea that social media isn’t “real”—that no one can take it seriously or even notice it outside of the app. In family law, nothing could be further from the truth. 

Evidence in Georgia courts must be shown to be authentic. There are several ways to do this, such as demonstrating that a post’s “appearance, contents … or other distinctive characteristics, taken in conjunction with circumstances” make it likely to be authentic. See O.C.G.A. § 24-9-901. 

Seasoned divorce attorneys know how to review your social media and internet posts, not just relying on an ex-spouse’s knowledge but conducting their own research. Even if you use strict privacy settings, locking the posts to a few viewers, or communicate through direct messages (DMs) rather than posts, your words and photos cannot be guaranteed safe from review. 

So Many Mistakes

Making posts or comments you will regret during a divorce is almost too easy. There are clear pitfalls you can avoid:

  • Violating a court order by making contact with your spouse (including through third parties)
  • Disparaging your ex, making false or exaggerated claims
  • Antagonizing friends and family of your ex
  • Using posts about your children against your ex
  • Airing dirty laundry (discussing personal issues in depth to humiliate or settle scores)

Whether the posts make direct statements or passive-aggressive ones through memes or quotes, your ex’s attorney can collect them. Even “likes” can cross a line—or provide an argument that you crossed one. And there are less obvious issues as well.

Dating and the Internet During Divorce

Posting about new partners or creating a dating app profile can cause trouble in Georgia divorce proceedings, even if you were simply trying to move on. Before the divorce decree is entered, you are still legally married, so a new relationship constitutes adultery under Georgia law. Adultery provides grounds for a fault-based divorce, and it can affect the court’s decisions about alimony, settlements, and children.

Assets and Lifestyles

It is often tempting to show yourself enjoying the good life, especially when you are feeling low, as you must be during your divorce. But your ex’s attorney will be looking for evidence that you are hiding assets or claiming more difficult circumstances than you actually have.

Pictures of vacations or expensive items—new cars, purses, or sporting goods—can lead to an argument that you are doing much better than you really are. Your ex’s attorney can use them to attack any request for alimony on your part or any claim that you cannot afford to pay more in alimony or child support. 

If you have a disability claim or cannot work more than you do for health reasons, posting photos or stories about active leisure, even ordinary outings, can undermine your position in court. Even timestamps or the frequency of your posting could present an issue. This is often unfair—a few hours or days in your life do not tell the whole story. Nevertheless, it is a risk.

Children and Social Media

So many of us are proud to share our children’s photos and accomplishments. We also use internet comments and forums to share stories and seek advice about raising families. However, during divorce proceedings, this becomes a possible source of conflict. 

Even innocent posts—kids’ days out, anecdotes, questions—will come under the scrutiny of your ex’s attorney. They may claim that the children were:

  • In an unsafe situation, e.g., exposed to abuse, neglect, substance use, or dangerous activities
  • With potentially unsafe people, such as new partners or unvetted caregivers
  • Needlessly exposed on the internet through questionable judgment

Many ordinary posts could be used to support a claim of unfit parenting if an ex was determined enough, so it is better to say nothing. The less their attorney can find to work with, the better. 

The Guidance You Need

This isn’t to say that you should scrub your presence off the internet. In fact, it’s best not to delete anything before talking to your divorce attorney. If you don’t have one yet, you need one today. 

Our Georgia family law attorneys can offer strong, compassionate defense and fight for your rights to your future. We have an experienced team serving the metro Atlanta area, and your initial case review will be free. Contact us today at 470-291-5342 to schedule your first appointment at our Atlanta or Alpharetta offices.