Role of Social Media Evidence in a Divorce Case

Social media has become a vital element in the day-to-day life of people. It was earlier used just for entertainment purposes, but...

Written by Niel Patel · 5 min read >
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Social media has become a vital element in the day-to-day life of people. It was earlier used just for entertainment purposes, but with time, social media has started to play a key role in numerous cases. Nowadays, information achieved from social media is held up as pieces of evidence in front of the court. 

So, can social media evidence affect your divorce? Yes, it may. Social media platforms are now used for providing evidence in court. 

Reports have stated that there is an almost 81% increase in cases that have used social media evidence. And, out of them, 66% of divorce evidence comes from social media platforms like Facebook and Instagram. 

Sometimes social media even plays a key role in behaviour leading to divorce. 

  • A lot of reports have stated that users cite Facebook as a reason for jealousy in their relationships.
  • When someone spends too much time on social media it turns out to be a cause of big social media arguments.
  • In a recent survey, ten percent of users admitted to hiding Facebook and Instagram posts from their primary partners.
  • Eight percent of adults confessed that they have secret social media accounts.
  • Twenty-five percent of adults surveyed reported that they have fights about Facebook weekly with their partner 
  • Twenty percent of adults surveyed said that a lot of things they found on Facebook had sabotaged their relationships.

What can social media prove?

Whenever you are opting for a divorce, social media evidence can prove a lot of things. Suppose your spouse, or your spouse’s attorney, can discover information posted by you, or other parties about you online, they may get information related to any of the following scenarios:

  • One spouse was cheating on the other spouse via digital infidelity. 
  • There is a new job for the partner when they claim to be unemployed just to avoid paying child support or spousal support. 
  • Social media posts and stories showing new homes, cars, or other large purchases when the spouse said that they did not have enough money to pay for child support or spousal support after divorce. 
  • Pictures of a new engagement ring, new partner, or new baby during the procedure of a divorce proceeding. 
  • Inappropriate social media posts regarding either themselves or their spouse during the divorce period. 
  • Inappropriate behaviour or statements regarding their children on social media platforms.

How social media became a part of divorce proceedings?

It is very common that spouses will have mutual friends who will obtain information for one spouse on behalf of the other, as they have access to Facebook, Instagram, or Twitter posts as a “friend” on these social media platforms. In other cases, a spouse may be inclined to create a fake profile of a mutual friend and request to be a “friend” to the spouse to see what they are posting online.

Ultimately, if someone wants that their partner should not get any social media evidence, the best choice would be to simply disable and stop using all social media accounts if you are going through the process of a divorce. However, if that is not possible, assume that no matter what your privacy settings are, anyone and everyone will be able to see all of your posts, photographs, and social media activity.

What should you avoid on social media during a divorce case? 

Social media affects our everyday lives in various ways. Reports state that the average user spends nearly two and a half hours per day on social media platforms. In this era, social media can play a major role in your divorce too, if you are not being careful while using it. Here, we have listed a few examples of what not to do, as some specific actions that seem like evidence gathering may be illegal or could hurt your position while dealing with a divorce case.

  • Make sure that you do not write anything bad about or defame your spouse on social media platforms. 
  • Never make the mistake of posting about your divorce before it is widely known among your family members, friends, and particularly your children.
  • You should not install any spyware on your partner’s devices or log into their social media or email accounts without their permission with the intention to dig up dirt or keep track of their whereabouts.
  • Social media platforms are all about showing off. But you should never create a false, and better, version of one’s reality during your divorce. Showing off about a new job or vacation can be used against you to show that you are financially better off than you are actually. 
  • Do not post pictures with your new significant partner and your children, if any. 
  • You should remember not to post pictures or other media that depict your drinking, consuming illegal drugs, or anything else that could be used to argue that you are not fit to win your child’s custody. 

Never delete anything from social media during a divorce proceeding 

There are times when we make a mistake and upload a photograph or make a comment on social media that we end up regretting later. You probably posted a photograph of a recent lavish vacation or a shopping spree, or you wrote something horrible about your spouse in anger. Whatever pictures or posts you have posted on your social media handles should never be deleted.

The courts have determined that if any of the parties involved in a divorce case ever destroy anything that could be used as evidence in the divorce case, they may be charged with obstruction of justice. It is your best choice to simply leave the post or photograph and just keep in mind never to repeat the same mistake. If you plan to remove any such pictures or posts then it could cause additional legal problems along with the original post or photograph itself.

Tips to avoid social media evidence in a divorce case 

In today’s date, it is very important to know how to avoid social media evidence. Here, we are sharing a few tips that will help you whenever you are dealing with a divorce case. 

Go offline for the time being: Whenever you are spending too much time on social media platforms, it can turn out to be a red flag during a divorce. It is advised to limit your time online because it will enable you to greatly reduce the risk of posting anything including photos, posts, or stories that could be used against you as social media evidence or make a judge question your credibility.

Be careful about what you post on social media platforms: If you cannot avoid using your social media handles, then you may use some of the ideas mentioned here. The first thing that you should remember is not to post anything and everything on your social media accounts. Never post anything bad about your spouse, never talk about your divorce, and also make sure that your friends and family are careful regarding what they post about you. 

Rethink your privacy: The privacy settings of your social media handles play an important part in maintaining your privacy. A lot of people do not pay attention to how frequently the privacy settings can change and it is also a daunting task to manage your privacy across multiple social media platforms. You must always remember that anybody can view your posts on social media. 

Select your social media friends wisely: It is extremely easy for your spouse to gain access to your ‘private’ online details just by duplicating the profile of one of your friends, or by using the account of a mutual friend of yours. Married couples have mutual friends, who have been known to change ‘sides’ during the divorce process and reveal information to one partner that was revealed in confidence by their spouse. 


There are a lot of reasons that make it important for people to use their social media accounts wisely. Information and content which you post on various social media sites are easily accessible once it is uploaded on the platform. And, when it comes to custody or divorce cases, individuals can collect pieces of evidence from social media platforms in order to prove their statements following what is expressed or shared on the social media handles of the opposite party. 

If you are going through a divorce process, you need to think wisely when it comes to your actions on social media. You would obviously not want your inappropriate use of various social media platforms to jeopardize your desired outcome of the divorce. Therefore, you must know the correct ways to be safe and secure. 

Social media plays a great role in every aspect of our lives. But, nowadays it is also being used for collecting evidence for various cases including divorce. Whenever you are going through a divorce case, the best you can do is connect with a detective agency in Gurgaon to provide you with the best investigation services.

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