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In the age of oversharing, your online presence can carry serious offline consequences, especially during a divorce or custody battle. This article explores…
Plain and simple, yes, they can. While I don’t necessarily advise every client to delete their social media accounts completely, I strongly encourage a careful review of all past and future posts. Depending on how amicable your situation is, you may want to unfriend or block the opposing party or their family and friends. And above all, avoid passive-aggressive or cryptic posts. They almost always backfire.
The truth is, we’ve become very casual about what we share online. Yet, something that seems harmless at the time can easily be twisted and used against you. This is especially true in family law cases where emotions run high and financial or character issues are being evaluated.
One all too common scenario? Someone claims they can’t afford child support, but their social media suggests a vastly different story. Pictures of a new truck, luxury vacation, and fancy nights out—that kind of evidence can be incredibly damaging in court.
Social media often affects financial claims like child support, and it can also influence custody decisions, especially when it comes to your character.
In Arkansas, there’s a legal presumption that joint custody is in the best interest of the child. So both parents start on a relatively equal footing. But if someone wants to challenge that, they must prove the other parent is unfit or that joint custody isn’t appropriate.
This is where social media can play an outsized role. Judges can view posts, comments, or photos as reflections of your judgment, lifestyle, or priorities. Even something seemingly innocent like drinking can raise questions if it’s not presented carefully.
The takeaway? Post like you’re in court, because someday, you might be.
This one’s a bit more complex. The short answer is yes, they can be used as evidence, but it depends on the context and purpose. There are some legal hurdles to clear in terms of admissibility and authentication under the Arkansas Rules of Evidence. So, assume that anything you send—public or private—could end up in front of a judge.
The most foolproof option? Deactivate your accounts for the duration of your case. The more realistic one?
Only allow people you know and trust to view your content. And when in doubt, don’t post. It’s always better to stay quiet online than to risk your own words being used against you.
While social media rarely single-handedly decides a case, it can absolutely influence key decisions. I recently handled a child support case where the father was several thousand dollars behind on payments. Yet on social media, we saw that he had just gotten married and gone on a $9,000 honeymoon to Italy. That kind of evidence clearly undermined his claims of financial hardship and gave us strong leverage in court.
Remember, it’s not about the post itself. It’s about what the post says about your credibility.
For more information on social media and divorce in Arkansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 273-2777 today.