Social media has become integral to daily life but can significantly affect Michigan family law cases, including divorce, child custody, spousal support, and property division.
Here, our Plymouth family law attorneys at Steslicki & Ghannam, PLC discuss why what you post or share online can be used as evidence in family law disputes and how even seemingly harmless posts can have unintended legal consequences.
Social Media Posts Can Be Used Evidence in Divorce and Custody Cases
Social media posts, messages, and even comments can be submitted as evidence in court, especially when they relate to issues such as infidelity, hidden assets, or parental fitness.
During the discovery phase, attorneys can request access to social media accounts to gather information relevant to the case, including financial status or lifestyle choices. Even deleted posts or accounts set to “private” may be discoverable if screenshots exist or the opposing party gains access to them through mutual connections.
Social Media Posts Can Have an Impact on Divorce Settlements
Photos or posts that suggest an affair or inappropriate relationship can affect divorce proceedings, especially in cases where fault-based divorce or marital misconduct is alleged.
Michigan is a no-fault divorce state, meaning that a divorce can be granted without either spouse having to prove fault or misconduct on the other spouse’s part. While the divorce itself doesn’t consider fault, it’s worth noting that fault can still play a role in different aspects of the divorce process, such as property division and determining alimony.
In addition, social media can provide clues about undisclosed financial resources. Posts that showcase luxury purchases, vacations, or extravagant spending may be used to challenge claims about economic hardship or asset reporting in property division or spousal support negotiations.
Social Media Posts Can Influence Child Custody and Parenting Time
Posts showing irresponsible behavior—excessive drinking, drug use, or neglectful parenting—can be used to question a parent’s fitness or judgment, potentially affecting custody and visitation rights.
Posts showing the child’s living conditions, treatment by a parent, or exposure to unsafe environments may impact custody arrangements.
Additionally, if one parent uses social media to disparage the other, this can be used as evidence of parental alienation or inability to co-parent effectively, which may influence the court’s custody decisions.
Social Media Posts Can Influence Spousal and Child Support Decisions
Social media posts that display a lavish lifestyle, including expensive vacations or high-end purchases, may contradict claims of financial hardship, leading to modifications of spousal or child support orders.
Posts about new jobs, promotions, or side businesses that haven’t been reported to the court can be used to challenge current support obligations or request modifications.
Social Media Posts Can Support the Need for Harassment and Protection Orders
If one party uses social media to harass, stalk, or intimidate the other, these actions can be grounds for obtaining a protection order. Messages, comments, or posts can be presented as evidence of threatening or harassing behavior.
Social media can also reveal restraining or protection order violations, such as contacting a protected person through private messages or posting disparaging content.
What are the Best Practices for Social Media Use During Michigan Family Law Cases?
Anything shared online during the legal process can be scrutinized and used against you. It’s best to avoid discussing the case, your emotions, or the other party. In addition, posting about a new romantic partner can lead to complications, especially in cases involving child custody or spousal support.
Ensure your social media accounts have the highest privacy settings, but remember that nothing online is truly private. Mutual friends can share your content with the opposing party.
Contact Our Skilled Family Lawyers in Plymouth Today
Our experienced Wayne County family law attorney can advise you on managing your social media presence during the legal process to avoid harming your case. We can also legally and effectively gather social media evidence to strengthen your case or defend against accusations based on your social media activity.
If the other party uses social media to harass or intimidate you, we can take appropriate legal action, including obtaining restraining orders, to ensure your protection. Contact our dedicated Plymouth family law attorneys today for guidance.
