Yes, social media can have an impact on the outcome of a divorce in Missouri. Courts will consider photos, videos, comments, check-ins, messages, and other activity when determining important matters like custody, property division, and alimony. As such, whether you’re someone who loves social media or only uses it every once in a while, one thing is true: limiting how active you are is imperative when going through a divorce. The following blog explores what you should know about these matters, including the importance of working with St. Louis divorce lawyers to help you navigate these complex matters.
Can Social Media Be Used as Evidence in a Divorce?
While you may know that your bank statements and property records can have a significant impact on your case, you may be surprised to learn that your social media posts can also affect certain decisions. As such, courts in Missouri have determined that any posts on your profiles that are relevant to the divorce can be used as evidence.
It’s important to understand that this is not only the things you upload online, but also the comments you leave on others’ content, the photos you are tagged in, and even the geolocation associated with your posting. Platforms commonly scrutinized include Facebook, Instagram, X (formerly Twitter), and TikTok, among other commonly used social media platforms.
In Missouri divorce cases, social media-based evidence is generally reviewed during child custody and parenting time disputes, claims of hidden assets, or issues regarding alimony, as online activity can directly impact the credibility and financial disclosure of an individual.
What Social Media Activity Can Be Used in Divorce Court?
- Published social media posts
- Comments made on other accounts
- Private messages obtained during discovery
- Posts related to finances or dating
- Check-ins and location tracking
- Tagged posts from friends and family
How Missouri Courts View Social Media Evidence
Missouri courts will first determine the relevance of social media activity in relation to:
- Parenting abilities
- Asset disclosure
- Credibility
- Financial honesty
- Misconduct allegation
The court may be introduced to social media evidence through:
- Screenshots
- Metadata
- Witness testimonies
- Subpoenaed account records
It’s important to understand that accounts that are “private” can still be viewed during the discovery process.
What Divorce Issues Can Social Media Posts Impact?
In St. Louis and throughout Missouri, the family courts will consider online activity during contested divorce proceedings. Generally, when social media posts are used as evidence during a divorce, it can impact two major issues: division of assets and custody. Even posts that may be intended as jokes or casual updates can be interpreted differently by the courts.
Issues Social Media Activity May Affect
- Child custody, visitation, and parenting time
- Child support
- Spousal support (alimony)
- Domestic abuse allegations
- Hidden asset claims
- Disputes over property division
- Claims of substance abuse
- Credibility
Can Social Media Impact Child Custody in Missouri?
When a parent is seen online engaging in unsafe and risky behavior, like excessive partying, substance use, or flaunting a new relationship while the divorce is ongoing, their spouse may argue that it would not be in the best interest of the child to remain in the parents’ custody. Examples of problematic behavior include:
- Excessive photos of partying
- References to substance abuse
- Posts about criminal activity
- Reckless behavior
- Public comments disparaging the other parent
Can Social Media Impact Alimony or Property Division?
Additionally, if you are posting about lavish vacations or luxury purchases, it can hurt the division of assets and support issues. The court may view this as evidence that you are not in financial hardship, thus awarding your spouse a considerable amount of alimony or child support. Posts that can influence financial concerns include:
- Evidence of hidden assets
- Expensive gifts or travel
- Evidence that conflicts with support requests
- Evidence of undisclosed income
Should I Delete My Missouri Social Media Profiles During a Divorce?
Because social media can have such a considerable impact on the outcome of your case, you may wonder if deleting your online profiles is in your best interest. Unfortunately, however, this can be viewed as an attempt to destroy or tamper with evidence.
Instead, you should consider setting all social media accounts to private and refrain from posting for the duration of your divorce and discuss concerns with your attorney before taking any actions.
Tips for Social Media During a Divorce
- Avoid posting during the divorce process
- Turn on privacy settings
- Do not discuss your divorce online
- Ask friends and family to avoid posting about you
- Never post anything related to your income or finances
- Avoid posting about dating
- Do not argue about the divorce
Contact an Experienced Missouri Divorce Attorney Today
As you can see, going through a divorce has a considerable number of factors you’ll need to take into consideration. That is why working with an experienced attorney with Stobie Family Law Group is in your best interest. Our team understands how difficult these matters can be, especially while navigating the emotional toll this process can take. As such, if you need help, do not hesitate to contact our firm today to learn how we can fight for you.
