Social media is part of everyday life, but during a divorce or custody dispute, what you post online can have real legal consequences. From Instagram stories to group texts and Venmo payment notes, digital footprints are increasingly making their way into New Jersey family courtrooms. Even seemingly harmless posts can complicate an otherwise straightforward case.
New Jersey courts permit the use of relevant electronic evidence, and posts, photos, and messages are often used to challenge claims related to finances, parenting time, or lifestyle. Common examples include vacation photos that contradict claims of financial hardship, posts showing a parent drinking or partying during parenting time, or messages that escalate conflict or undermine effective co-parenting. Once shared, online content can be difficult, if not impossible, to undo.
Many people assume that private accounts or disappearing content are protected. In reality, screenshots, shared messages, and third-party access frequently make “private” posts discoverable. Group chats, direct messages, and even reaction emojis can become part of discovery if they are relevant to disputed issues. Courts tend to focus on substance rather than intent.
It is also not just Instagram and Facebook that can create problems. Less obvious platforms may also come under scrutiny, including Venmo payment descriptions, parenting-app communications, shared cloud photo albums, and group text threads with friends or family. These platforms often reveal tone, behavior, and spending habits, all of which may be examined during a family law case.
While every situation is different, some general best practices include:
- Avoid posting about the case, your former partner, or your children
- Refrain from sharing financial or lifestyle content
- Assume that anything posted could ultimately be seen by a judge
- Ask friends and family not to tag you in posts or photos
In today’s digital world, family law matters extend well beyond the courtroom. A thoughtful and cautious approach to social media can help keep your case focused on resolution rather than unnecessary distractions. If you are unsure whether certain online activity could create problems, it is best to speak with counsel before posting.
For guidance on how digital activity may impact your divorce or custody matter, contact the Family Law Department at Cohn Lifland Pearlman Herrmann & Knopf.