Could A Social Media Post Harm Your Divorce or Custody Case

Posted by Joseph D. Lento | Dec 29, 2023 | 0 Comments

Musician and actor Tyrese Gibson recently posted a stinging video in response to his ex-wife's statements during a podcast interview that she regretted the divorce. Although his ex-wife said she wished to reconcile with Gibson, he posted a 12-minute Instagram video accusing her of using the public drama for publicity and increased child support.

While you may have legitimate issues with your ex, it is not a good idea to let divorce or custody drama play out publicly on social media. From a legal standpoint, social media and divorce/custody proceedings just don't mix. While No-Fault Divorce proceedings are the most common today in New Jersey, some parties will still seek a divorce under a Fault doctrine. This means that the court will consider the personal behavior of the parties that may have led to the divorce. Even in a No-Fault Divorce, social media posts can easily become evidence used to question the fitness of a parent or to discredit a party. Social media can also be used to monitor the financial situation of the other party.

The best strategies and considerations for social media use depend on where you are in the timeline of the divorce or custody case. If you are dealing with a divorce or custody issue, contact the Lento Law Firm Team today at 888.535.3686 or provide your details online.

Before You File

  • If you are considering filing for divorce, take a critical look at your social media accounts. Go through and delete any troublesome posts. You might even consider deleting your accounts, although that may not be an option.
  • Inform your closest family members and ask them to delete anything harmful and refrain from posting negative comments about your ex.

After You File or Receive Papers

  • Increase security on all social media accounts. Change passwords and make sure your ex cannot access your account.
  • Don't post pictures showing you drinking, partying, or using drugs. Be mindful of how you would appear to a casual observer of your account.
  • Limit the posting of negative comments. Speaking ill of your spouse publicly is not a good look on anyone, even if it is warranted.
  • Don't stalk your ex, and don't allow your ex to stalk you online.

After the Divorce Is Final

  • Do not share private financial information online. You may be proud of your promotion, but your ex may seek an increase in support based on your posting the good news online.
  • Try to come to an understanding on social media use with regard to your kids, if any.

Divorce or a breakup with a co-parent can be a devastating time, and it is natural to seek support from friends and family. But try to do this privately and not on social media. It is okay to take a tough stand in your divorce or custody proceeding, but you should be relying on your attorney to take this stand. The Lento Law Firm Team has helped many people through difficult or even highly contentious divorces, and they are here to help you. Contact the Lento Law Firm today at 888.535.3686 or provide your details online , and we will contact you.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.


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Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

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