How Social Media Can Be Used as Evidence Against You in a Divorce

It can be tempting in today’s digital world to post updates about life-changing events such as divorce. This can, however, be used as evidence against you, and give you a disadvantage in a divorce trial. Such mistakes are common and easy to make. Don’t navigate the divorce process on your own – rely on the sound legal advice of an  experienced Georgia divorce attorney

Examples of Detrimental Information on Social Media

There are many types of information which can become relevant to the outcome of a divorce case. Some common examples include:

  • Adultery: The Georgia Code prohibits a spouse from receiving alimony if it can be proven that the separation was caused by his or her adultery. Opposing counsel will, therefore, look for any evidence of unfaithfulness on the part of a spouse who is seeking alimony. The first place attorneys look for such information is on social media websites. Photos, check-ins, and status updates which show that the spouse was spending time with a new partner are all able to be introduced at trial as evidence of that spouse’s unfaithfulness. 


  • Parenting:  When determining the custody arrangements that are in the best interest of the children, the Georgia Code directs family court judges may consider all circumstances of a particular case. Information on social media can be detrimental to a parent’s case for custody of his or her children. Sometimes the detriment is obvious (such as photos of a parent drinking excessively or doing drugs in the presence of the children). But divorce attorneys are also skilled in painting an unsavory picture from even innocuous posts. For example, opposing counsel can attempt to create a pattern of you going out and partying instead of watching your children, simply from a few statements that you are seeing your friends. There are many ways to make a parent look, and divorce attorneys are practiced in all of them.


  • Treatment of Pets: Pets are treated as property in divorce proceedings. Nonetheless, most judges will consider the circumstances of a pet’s treatment and living environment when awarding custody of the pet to one spouse or the other. Again, attorneys can look for evidence of mistreatment in seemingly innocent social media posts. The size of your yard, the hours you work, and even the number of chew toys you possess may all become relevant in a pet custody dispute.


  • Excessive Spending Habits: The Georgia Code enumerates specific factors for judges to consider when making awards of alimony. One of these factors is the standard of living established during the marriage. Evidence of excessive spending habits during a separation can actually weaken a spouse’s claim for alimony, as opposing counsel can argue that the spouse was simply trying to establish a higher standard of living that was not actually in existence during the marriage. Similarly, wasting marital assets during a separation may be punished by the court through a reduction in alimony or awards of marital property.

Experienced Representation for Your Divorce

For decades, Georgia divorce litigants have trusted experienced divorce attorney Kyle E. Epps III to protect their legal rights. Let the Epps Law Group guide you through every step of your divorce case to ensure the best possible outcome for you and your family. Call (678) 456-4627 today to schedule your consultation with an experienced divorce attorney.