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Should I Stay Off of Social Media During My Texas Divorce?

 Posted on December 13, 2022 in Complex Divorce

Austin, TX complex divorce lawyerWhen a person is going through a divorce, there are myriad emotions they can find themselves dealing with. A person may feel a sense of relief and freedom that they are finally free of a negative and toxic relationship one day and the next feel sad and lonely that they no longer have a partner to deal with life with, even if the relationship was a rocky one.

In today’s world, social media has become an integral part of many people’s lives and all of those roller-coaster emotions are often shared on Facebook, Instagram, TikTok, and other social media accounts. Unfortunately, all that sharing can have a significant impact on issues that need to be decided by the court, such as child custody, spousal support, and more. In fact, in one major survey of divorce attorneys, more than 80 percent of lawyers said that they use social media to dig for evidence against their clients’ spouses. The following are some of the ways that social media posts can affect your divorce.

Child Custody

When divorcing parents cannot agree on how child custody and parenting time should be divided, the court will make that decision for them. This means both parties, usually through their attorneys, will present evidence and witness testimony to the court. The judge will decide what arrangement will be in the best interest of the child, based on that evidence.

If there are indicators that a parent may be living a lifestyle that is not conducive to raising a child, has a substance abuse issue, or engages in reckless behavior, the court could decide to deny that parent custody. To show evidence of these issues, attorneys will often use photos and posts from the other party’s social media accounts. Some of these posts may include:

  • Photos of alcohol and/or drug use

  • Posts that disparage the other parent

  • Posts and/or photos that indicate the parent is struggling with mental health issues

  • Posts and/or photos that indicate the parent cannot provide the child with a positive home environment

Spousal Support

Spousal support is not automatically awarded in a Texas divorce. The spouse who is seeking spousal support has to show the court that they were financially dependent on the other spouse during the marriage and they need continued financial support. There are a number of factors a judge will consider when deciding if spousal support should be part of the divorce settlement. However, if a spouse is posting photos of expensive new outfits, dining at expensive restaurants, and taking vacations on their social media accounts, the court may take these photos as evidence that the spouse is not struggling financially and does not need spousal support.

Contact an Austin, TX Complex Divorce Attorney

If you are going through a high net-worth divorce, you need an aggressive Travis County high-asset divorce attorney advocating for you. Call Powers Kerr & Rashidi, PLLC at 512-610-6199 to schedule a confidential consultation.



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