Beware of What You Post On Social Media During Divorce & Child Custody Proceedings

By Gerald A. Maggio, Esq.

Top Orange County divorce mediators; California divorce mediatorsBy:  Gerald Maggio, Esq.

Relationships are established much quicker in our hyper social media age. It used to be that relationships evolved over months but with technology – whether texting, social media, or email communication – everything happens at a rapid pace. For marriages that are on the rocks, a spouse can rekindle or find a new love and intensify the bonds rapidly.  This means more affairs more easily enabled by such technology.

When a person is having a bad day at home with a spouse, they often turn to social media to relieve their stress and get back some enjoyment. But before you start to post negative comments about your spouse or send inappropriate pictures or posts over social media, think twice, especially when child custody is involved.

The American Academy of Matrimonial Lawyers notes that 75 percent of divorce lawyers are utilizing evidence from social media in marriage dissolutions. Use caution and restraint when posting on Facebook, Twitter, Google+, or any online social media outlets or you could cause more trouble than your post was worth.  Remember it is not social media that is causing the problem, it is your behavior and comments that are inappropriate.  You do not want to have to deal with a moment of questionable judgment that is now something you not only regret out of embarrassment but more importantly, can be used against you in court.  Your ex’s lawyer will use, and the judge can consider, these posts, so exercise restraint so that problems are minimized.

So do yourself a favor and either stay off all social media altogether or otherwise exercise extreme caution until the divorce is finalized and you want to start a new relationship. Otherwise, you could jeopardize your child custody case and outcome of your divorce because of inappropriate behavior.

For more information or to set up a consultation, please contact California Divorce Mediators at (949) 553-0911 or at

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”