Browsing through your social media apps during a difficult time can seem harmless, but what you share, comment on, or like during a divorce in Omaha can have legal consequences. Many people are surprised to learn that social media is often used as evidence in divorce cases and can impact rulings on property division, child custody, and support. A multi-state divorce lawyer from Stange Law Firm, PC, can help you understand your responsibilities.

Social Media Interactions Can Be Used as Evidence in Court

Omaha courts generally allow social media posts, messages, photos, and videos as evidence if they are relevant to the case and can be authenticated. This includes public posts from Facebook, Instagram, TikTok, or X, as well as private messages and location data. Even if you think your social media account is private, its contents may become discoverable during a divorce case.

Nebraska has a low divorce rate of 2.6 per 1,000 residents as of 2023, according to recent data from the Centers for Disease Control and Prevention. According to data gathered by World Population Review, the marriage rate is approximately 52%, which is fairly high.

Your Posts Can Have an Impact on Your Credibility

Judges take a dim view of dishonest or inconsistent testimony in court. If your social media activity contradicts what you say under oath, it can hurt your credibility in a big way.

For example, complaining about finances in court, while posting pictures of a lavish vacation or shopping spree on social media, could call your financial statements into question. If a judge doubts your credibility on one issue, they may view your testimony with skepticism in other areas as well.

How Social Media Can Affect Property Division

In Nebraska, marital property is divided equitably, but not always equally. The court will consider factors such as each spouse’s income, debts, and contributions to the marriage. Social media posts that show undisclosed purchases, luxury items, or lavish spending could be used as evidence that a spouse is hiding property or income. Even posts that are not direct evidence could raise questions and complicate property division.

How Social Media Posts Can Affect Child Custody

When minor children are involved, Omaha family court judges base custody decisions on what’s in the best interest of the child. Anything a parent posts on social media that could reflect on their judgment, character, or ability to provide a stable environment may be considered. Photos or videos of excessive drinking, drug use, irresponsible behavior, or putting children in dangerous situations may impact parenting time or custody, even if they were meant as jokes.

Speaking Negatively About Your Ex-Spouse Can Have Penalties

Critiquing your spouse on social media can quickly inflame a conflict, and judges may frown on negative posts as evidence of harassment, lack of communication, or inability to co-parent respectfully. This is particularly true in high-conflict cases where the court may view social media as one party trying to put down the other. When parents cannot communicate or show mutual respect in public, it may impact their parenting time or custody awards.

Even Private Messages Can Be Used

Many people think that direct messages on social media platforms are safe from discovery, but this is not necessarily true. Private messages, texts, or emails can be subpoenaed or produced during discovery in a divorce case. Sending a message in a moment of anger or frustration can come back to haunt you later if it’s used as evidence of hostility, threats, or other bad behavior.

Tips for Using Social Media While Going Through a Divorce

When going through a divorce in Omaha, you can still use social media, but it’s important to use it wisely to avoid additional conflict. You can implement the following steps to help protect yourself:

  • Do not post about your divorce, children, or spouse.
  • Do not share your travel, financial information, or purchases.
  • Do not delete or alter posts, messages, or accounts without consulting an attorney first.
  • Ask friends and family members not to tag you in posts.
  • Consider a complete break from social media during your divorce.

If you are unsure, just remember that anything you are involved in online can be seen in front of a judge. If you would prefer the courts not see it, even if you believe it is harmless, it is most beneficial to refrain from the activity.

FAQs

Q: Should I Delete My Social Media Accounts When Going Through a Divorce?

A: You should not delete posts or accounts without first consulting with a divorce attorney. This could be seen as destroying evidence and may have legal ramifications for you. You can, however, adjust privacy settings, scale back activity, or take a social media hiatus while your divorce is pending to protect your interests.

Q: Is It Okay to Post About Dating While Going Through a Divorce?

A: Dating is not illegal, but talking about it can cause issues. Dating in and of itself will typically not raise issues, but byproducts of it can. For example, you may face a tougher custody battle or financial concerns if you have children or used marital money to fund another relationship. It’s usually better to keep dating off social media if you’re divorcing.

Q: What Is the Safest Course of Action Regarding Social Media During Divorce?

A: The safest course of action is to severely restrict or even temporarily deactivate your social media. Don’t post about your divorce, your finances, parenting, or personal life. Tell your friends not to tag you, and assume that everything you post can and will be used in a court of law. If in doubt, don’t post.

Q: How Can Social Media Affect Child Custody Decisions?

A: Social media can affect child custody decisions because Nebraska courts consider what’s in the best interests of your child. Posts indicating unsafe practices, questionable judgment, or instability could become part of a custody evaluation. Even innocent photos or comments can raise eyebrows if they conflict with your portrayal of a responsible, attentive parent.

About Stange Law Firm, PC

At Stange Law Firm, our family law attorneys work with clients throughout Omaha and all of Douglas County on a wide variety of divorce and family law matters, including cases filed in Douglas County District Court in Omaha, Nebraska. Since 2007, Stange Law Firm, PC, has exclusively represented divorce and family law clients in Douglas County with transparency. Contact us today, and we can help you with your family law matter.