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Social Media and Divorce – Evidence or Overkill?

2/14/2024


The era of vengeful spouses digging through Facebook posts for "proof" of adultery or bad behavior is slowly giving way to a more nuanced approach. In family law, we're grappling with this tension – when is social media content truly relevant to a divorce case, and when is it just digital noise?


Here's how Texas courts generally approach social media:


  • Admissibility is Spotty: Screenshots of angry rants or questionable photos aren't automatically slam-dunk evidence. They must be authenticated and must actually bear on a relevant issue within the divorce (custody disputes, hiding assets, etc.).

  • Relevance to Child Custody: This is where social media evidence gains potential weight. Courts may take notice of posts demonstrating irresponsible parenting, substance abuse, or creating a potentially harmful environment for the child.

  • Financial Shenanigans: Sometimes, social media helps catch a spouse trying to downplay their income or secretly offload assets. Boastful vacation photos could contradict other financial documents.

  • The 'Overkill' Factor: Dumping hundreds of social media posts in front of a judge may backfire. Courts prefer focused, impactful evidence, not digital laundry lists.


The takeaway? Don't panic about every single thing you've ever posted online. However, if you're facing divorce, exercise caution while the case is pending. Your attorney can advise you on whether your specific social media use requires any adjustments for the sake of your case.


This is not legal advice. Please consult an attorney about your specific situation.

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