Posting vacation photos, late-night venting, or a new dating profile may seem harmless, but if you’re going through a divorce or custody dispute in Arizona, your social media activity can become evidence. During a family court proceeding your social media accounts carry more weight than you may expect.
An experienced family law attorney can explain how evidence from Facebook, Instagram, TikTok, and dating apps can impact your when building (or defending against) a case.
How Social Media Can Be Used in Court
Social media content is routinely admitted in Arizona family law proceedings. Under Arizona Rules of Evidence 901, authentication of information from social media is required. The validity of the social media account and specific post is achieved through screenshots with metadata, witness testimony, and subpoenas to social media platforms.
Privacy settings provide less protection than most people assume. A post limited to “friends only” can be accessed through formal discovery requests, mutual friends, or third parties who willingly share it. Anytime you are tagged in a post on someone else’s account it can become evidence, and court subpoenas allow access to private messages as well.
Social Media Can Influence Custody Decisions
“The best interests of the child” is the Arizona courts’ standard for legal decision-making and parenting time. Social media evidence can impact a court’s decision when determining where a child should live and who should be making decisions about the child’s upbringing. If a parent or caregiver makes social media posts that exhibit excessive drinking, drug use, reckless behavior, or images and comments that suggest an unsafe home environment, a judge may be compelled to act accordingly.
Courts are also required to examine whether a parent will encourage the child’s relationship with their other parent. If an adult posts highly critical or humiliating social media about their child’s other parent, the court can hold the behavior against the offender.
How Social Media Impacts Financial Claims
As a community property state, Arizona courts divide shared property in divorce cases. Yet judges consider social media posts when evaluating the financial credibility of involved parties. A person who claims that paying child support or spousal maintenance is onerous but makes social media posts featuring lavish vacations or new vehicles may be challenged in court. Check-ins and location tags likewise can contradict testimony about a person’s location and financial habits.
Don’t Delete Your Account
If you file or have been served with a divorce petition, you may not delete your social media account or unfavorable posts or photos until the proceeding concludes. That’s because a divorce petition includes an automatic preliminary injunction that limits both spouse’s legal ability to alter social media posts as well as their spending from joint accounts or selling shared assets.
It is permissible to tighten privacy settings or not post on social media at all. Experts say not to deactivate an account until the divorce proceedings are over.
Posts, photos, and entire social media accounts are covered under the injunction against destroying evidence. If information is removed the court may assume the deleted content was damaging and contempt findings or awarding attorney’s fees to your spouse may follow. The action of deleting information may be worse than the statements or photos themselves because a court may subpoena the social media platform for copies regardless.
Careful Social Media Use During Divorce
Before posting on social media, consider that the judge, opposing counsel, and state custody evaluator may read your posts aloud in court. Avoid posting about the divorce case, your ex, new romantic relationships, alcohol, or any major purchases. Ask people not to tag you in their posts. Let your attorney review posts made by your spouse rather than responding online.
Discuss Your Case Thoroughly Before Acting
It’s critical for a party in a contested divorce to understand their rights and responsibilities. An experienced attorney from Webster Family Law can advise you on managing your online presence, preserving evidence, and avoiding unnecessary conflict with your spouse. Call for a consultation today.