Your social media posts may provide information that impacts the outcome of a California divorce. The best practice during a divorce is to refrain from social media use. Even seemingly neutral posts can lead to misinterpretation. Below are a few ways your social media posts can impact your divorce case in California.
Social Media and Its Sway on Divorce Proceedings
A partner’s actions can still impact California’s no-fault divorce system. Even though establishing fault is unnecessary in a California divorce, a partner’s actions and social media posts can influence a divorce’s outcome. For example, social media posts may portray to the court that a divorce is the result of an extramarital relationship. Other posts on social media may indicate a spouse’s behavior during the divorce process is capable of impacting a child’s best interests or a spouse’s financial future, requiring the court’s intervention in determinations.
Distribution of Marital Property
Social media posts that indicate indulgent or wasteful spending can affect property division. A spouse may post about gambling excursions and their winnings, new purchases, or even gifts to a new love interest. These posts may demonstrate to the court that an adjustment to the division of marital property is necessary to account for one spouse’s excessive behaviors that cost their partner financially.
The Unveiling of Hidden Assets
A partner’s social media activity indicating purchases or travels that seem unattainable under their current financial status may indicate that assets that belong to both marriage partners exist but remain undisclosed. California law requires the equal division of community property acquired during a marriage. Failing to disclose or hiding assets or property may result in a partner’s legal requirement to reimburse a spouse for hidden assets.
Child Custody and Visitation Rulings May Change
Portraying a lifestyle on social media that does not support a child’s best interest can impact a parent’s time with their child post-divorce. Posts that allude to inappropriate behaviors, questionable conduct, or substance abuse may cause the court to question a child’s safety with a parent. Child custody and visitation rulings may reflect a court’s decision influenced by a parent’s social media presence.
Social Media and Spousal Support
When a spouse’s disclosure to the court indicates financial hardship but their social media posts reflect an extravagant lifestyle with lavish spending, a court may use this information in determining spousal support in California.
Consideration of the couple’s standard of living will play a role in determining spousal support. The court will also consider a spouse’s ability to support their partner financially. Social media posts demonstrating an excessive lifestyle and spending may be a significant indicator that the financial means exist to pay a spouse more support.
Accessing Social Media Accounts During a California Divorce
Addressing your concerns about a spouse’s social media posts properly and within state law is imperative. Work with a Southern California divorce attorney in Sherman Oaks who can legally obtain information in a spouse’s social media posts. Deleting social media posts may also affect a California divorce case. If refraining from using social media during a divorce seems improbable, then strive to keep your posts, likes, comments, and tags by friends and family neutral and to a minimum.
Ultimately, the information you or a spouse post on social media can significantly impact a divorce’s outcome. Considering a social media hiatus during a California divorce is one way to protect your future.