Social media increasingly plays a role in people’s lives, including in the courtroom. As a result, attorneys have begun advising clients on what not to post on Facebook during a divorce, such as posting photos of a big purchase you recently made.
By and large, it is in people’s best interest to simply stay off social media until the divorce is final. However, in the event you do post something potentially incriminating, such as posting a photo of you out partying shortly after filing for divorce, you should definitely not delete the picture.
Spoliation of evidence
Spoliation of evidence refers to intentionally destroying or altering potential evidence. The courts typically view it the same way as destruction of evidence, which is illegal. You may face consequences for such actions. However, even if the other party decides not to pursue legal action, you will lose credibility in the eyes of the judge. Ultimately, you are better off leaving the incriminating evidence on your Facebook page.
Many people have a tendency to be overly cautious and delete anything the court could view negatively. Perhaps you deleted a picture of you holding a beer can casually while hanging out with your parents. Once the other party learns of this, the judge may infer the picture showed you chugging alcohol. Deleting posts and photos simply looks bad regardless of what the context is.
Potential subpoenas
In the event you do delete something, there is always a possibility the other side will file a subpoena to obtain the evidence. Nothing is ever really gone forever once it is online. If your divorcing spouse believes a post is pertinent to the case, then there is a good chance he or she will request a subpoena. This makes things much more difficult than they need to be. Follow the advice of your attorney and avoid social media completely during this time.