Avoiding Social Media During a Texas Divorce

 Posted on May 23, 2022 in Complex Divorce

In today’s world, social media has become an intricate part of many people’s daily lives where they share everything from the big events to the mundane with their family and friends. So, it is not surprising that when person makes the decision to divorce their spouse, they want to blast it all over their social media accounts. Some people feel the need to bash and trash their spouse, while others splash their pages with photos of all the fun and excitement they are experiencing now that their dud of a spouse is gone.

However, posting anything about your divorce on social media can be a big mistake. In fact, the majority of divorce attorneys in this country report that there has been a large spike in the use of social media as evidence in divorce cases over the past several years. Instead of hiring private investigators to dig up dirt on your spouse, all one has to do is peruse their Facebook and Instagram accounts.

How Social Media Postings Can Hurt You

A spouse can file for a divorce in Texas either with grounds or no-fault. The majority of couples file for no-fault divorce, meaning neither side has to prove the other spouse is “responsible” for the breakdown of the marriage. And since Texas is a community property state, bad behaviors will not usually determine how the marital estate will be divided. 

But this behavior could still be considered by the court when deciding on certain issues. Here is one example:

A husband is having an affair and that breaks up his marriage. The wife suspects there is money missing from their marital estate. The husband continues the affair while the divorce is going on, posting all kinds of photos on Facebook of gifts he is buying for his new girlfriend and trips he is taking her on. Those photos are used as evidence by the wife’s attorney to show that the husband has used marital assets on his girlfriend and is guilty of marital asset dissipation. If the judge agrees, the wife may end up with a larger portion of the property settlement or a larger amount of spousal support.

Social media posts could also be used against a spouse in a child custody battle. Here is an example of this issue:

A couple is going through a divorce and the children are currently living with the mother. One a week, the mother goes out with friends after work to area bars and clubs. Photos are posted on Facebook that show everyone having a fun time. The father’s attorney uses these photos as evidence to prove to the court that the mother has a drinking problem and the father should have custody of the children.

Call a Texas Divorce Lawyer

If you are going through a divorce or custody case, it is critical to limit your use of social media in order to give the other side any evidence to be used against you. Even completely innocent postings can result in serious consequences. It is also critical to have a skilled Austin, TX complex divorce attorney advocating for you. Call Powers and Kerr, PLLC at 512-610-6199 to schedule a free and confidential consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

https://www.natlawreview.com/article/family-law-social-media-evidence-divorce-cases