Can Using Social Media Affect My Divorce in New Jersey?

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Your spouse can use social media activity as evidence in your divorce case. Granted, not all of your activity is harmful, but what you post, or what others tag you in, certainly has the power to affect the outcome of your case. As such, it might be best if you dropped your social media habit during the whole of your divorce. For more information on how social media may affect your divorce, please read on, then contact an experienced Hackensack, New Jersey divorce lawyer.

How might social media use affect my divorce in New Jersey?

As stated above, spouses may use everything from the other’s social media profile as evidence in divorce cases. For the record, it will not matter if a social media account contains evidence of adultery. Some studies have found that social media use has a direct link to a higher risk of divorce, but New Jersey is a no-fault divorce state. Neither side has to prove fault for the breakdown of the marriage. Evidence of adultery will not impact your divorce, but social media can affect certain aspects of your divorce if you present evidence of:

  • Irresponsible behavior: Your social media accounts might suggest irresponsible parenting, which can hurt your custody case, if your accounts show you partying, binge drinking, using drugs or exercising similar behaviors.
  • Reckless spending: It might be a factor in asset division if your profiles show that you are engaged in excessive and reckless spending, i.e. extravagant trips, luxury purchases, etc.

Should I avoid social media entirely?

True privacy no longer exists. Once you send a message or post something on social media, you will find it nearly impossible to hide it. Even with privacy controls that prevent your spouse from seeing your account, it might not actually prevent access. A “friend” or connection could send your spouse a photo or video you posted.

Should I use social media during a divorce?

Certainly, you can. However, we would strongly advise against it. Instead, we advise you to:

  • Not post anything to social media, i.e. let your accounts sit dormant
  • Delete your social media accounts for the duration of your divorce
  • Let your attorney know if your social accounts contain any questionable content

Can I use social media responsibly?

Those who absolutely can’t abstain from social media during their divorce, should do the following:

  • Assume your spouse will see everything you post, even if you have privacy controls
  • Limit your time online
  • Say no to exes and old flames
  • Avoid personal posts

Speak with a skilled New Jersey divorce lawyer if you have any further questions.

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