Social media is part of daily life, and for many people, Facebook is where they share updates, photos, and opinions. During a divorce, however, what you post online can have serious consequences. New Jersey courts allow social media activity to be used as evidence, and even seemingly harmless posts can affect disputes over property, finances, custody, or support. Understanding how Facebook use impacts divorce can help you avoid mistakes and protect your interests.
Can Facebook Posts Be Used as Evidence in a Divorce?
Yes. New Jersey courts recognize that posts, photos, and comments made on Facebook can be admissible as evidence. Even if your profile is private, screenshots captured by your spouse or others may be presented in court. A post about a vacation, a purchase, or a night out could be interpreted as proof of spending habits, lifestyle choices, or even parenting decisions. Judges are increasingly willing to review social media content when determining credibility and resolving disputes.
How Can Facebook Impact Financial Matters in a Divorce?
Finances are often a central issue in divorce, and Facebook posts can provide clues about income, spending, and assets. If one spouse claims to have limited financial resources but frequently posts pictures of expensive purchases or luxury trips, that content could raise questions about the accuracy of financial disclosures. Courts in New Jersey require spouses to submit complete and truthful case information statements, and evidence from social media may be used to challenge inconsistencies.
Can Facebook Affect Custody or Parenting Time Disputes?
Parenting issues are another area where Facebook activity can come under scrutiny. Posts showing behavior that may raise concerns about judgment, safety, or the ability to prioritize children could influence custody decisions. Even indirect comments, such as complaints about parenting responsibilities or disparaging remarks about the other parent, can harm credibility. Since the best interests of the child are always the guiding standard in New Jersey, online activity that suggests poor decision-making may carry weight in custody disputes.
Should I Delete or Deactivate My Facebook Account During Divorce?
While it may be tempting to delete posts or deactivate your account, doing so can sometimes create complications. Deleting content could be viewed as destroying potential evidence, and courts may see this behavior negatively. Instead, many attorneys recommend adjusting privacy settings, avoiding new posts about personal life or finances, and being cautious with photos or comments. The safest option is often to stay inactive on Facebook until your divorce is finalized.
How Can Facebook Comments From Friends or Family Affect My Divorce?
It is not only your own posts that matter. Comments or tags from friends or family may also appear on your profile or in shared photos. If those comments suggest questionable behavior, financial resources, or hostility toward your spouse, they could be introduced in court. Even if you did not make the statement yourself, association with those comments may reflect poorly on you. Being mindful of your network’s activity is important when you are going through a divorce.
What Are Some Best Practices for Using Facebook During a Divorce?
The best practice is caution. Avoid posting anything related to your divorce, finances, or children. Do not share negative comments about your spouse, the legal process, or court decisions. Be careful with photos that could be misinterpreted, such as social outings or new purchases. Assume that anything you share may end up in front of a judge. In many cases, the safest course is to minimize or suspend your use of Facebook until proceedings are complete.
How Do New Jersey Courts View Privacy Settings?
Many people believe that private accounts protect them, but courts in New Jersey have consistently allowed social media evidence when obtained legally. Even if your account is private, if your spouse or someone else can view and capture the content, it may be admissible. Privacy settings are not foolproof and should not be relied on as protection. Judges focus less on how the evidence was accessed and more on whether it is relevant and reliable.
A Middlesex County Divorce Lawyer at Thakkar Family Law Offers a Positive Step Forward for Divorcing Spouses
Divorce is challenging, but being careful with your Facebook activity can help you avoid unnecessary problems. A Middlesex County divorce lawyer at Thakkar Family Law can guide you through the process with clear advice and committed support. Call 732-456-7456 or fill out our online form for a free consultation. We are located in Piscataway, NJ.