In today’s world, social media has become second nature. We share updates, post photos, and stay connected with just a few taps. But if you’re going through a divorce in New Jersey, what you post online can affect much more than your feed – it can impact the outcome of your case.
I’m Michele Hart, a Morris County divorce and family law attorney. Many of my clients are surprised to learn that social media content can end up in court and influence everything from custody to support.
In this blog, I’ll explain how that happens, what to watch out for, and how to avoid common mistakes that could hurt your case.
How Social Media Can Be Used in Divorce Cases
Social media posts are often introduced as evidence in New Jersey divorce and family law proceedings. Even posts that seem harmless (a vacation photo, a tagged location, or a comment about your ex) can be used to challenge your credibility or raise questions about your finances, parenting decisions, or judgment.
Common areas where social media becomes relevant include:
- Alimony and support: If you’re claiming financial hardship while posting about shopping sprees, luxury travel, or expensive purchases, that could weaken your credibility.
- Child custody: Photos or videos of late nights out, drinking, or content that seems to question your parenting priorities may affect how the court evaluates parenting time.
- Asset division: If you’re posting about property, gifts, or spending habits, those details may contradict your financial disclosures.
Even deleted posts or content from private accounts can surface through screenshots or subpoenas. It’s safest to assume that anything posted online may be seen by a judge – or your spouse’s attorney.
If You’re Separated and Dating, Be Cautious About What You Share
Clients often ask me: “My husband and I are separated and he is dating. Does that matter?” Or, “Is it okay if I date while we’re separated?”
New Jersey allows no-fault divorce, so dating while separated is not illegal. But from a practical standpoint, it can complicate things – especially when emotions are high or when custody or financial issues are being negotiated.
If you’re separated and dating, sharing updates about a new relationship can stir up conflict, trigger disputes, or become part of the case. Photos, tags, and posts can be misconstrued and used as leverage against you. I often tell clients: if you’re in a new relationship, it’s best to keep it offline for now.
Common Social Media Mistakes to Avoid During Divorce
Even with the best intentions, it’s easy to make online missteps. Here are some things to avoid:
- Posting about your ex or the case: Venting online may feel validating, but it can come across as hostile or inappropriate. Avoid sharing opinions about your spouse, your lawyer, or the court process.
- Tagging locations or events: “Checking in” to bars, clubs, or even trips away from your children may be taken out of context.
- Flaunting purchases or gifts: Expensive outings or gifts posted online could raise questions about undisclosed assets or income, especially in a high-conflict financial case.
- Deleting past posts: You might think it’s safer to clean up your account – but deleting content during litigation can sometimes be viewed as destroying evidence. Always talk to your attorney before making changes.
Tips to Protect Yourself on Social Media During Divorce
You don’t have to delete your accounts – but you do need to be smart about how you use them. Here’s what I suggest:
- Think before you post: Ask yourself, “Would I be okay with a judge seeing this?” If the answer is no, don’t post it.
- Pause your activity if possible: Taking a break from social media, even temporarily, can protect your case and reduce stress.
- Review privacy settings – but don’t rely on them: While you can limit who sees your content, mutual friends or connections can still share screenshots. Privacy settings are helpful, but they’re not a guarantee.
- Talk with your attorney:If you’re unsure about what’s safe to share, ask. I routinely walk clients through these situations to help them avoid unnecessary complications.
Why This Matters in New Jersey Divorce Cases
In family courts throughout New Jersey – including Bergen, Morris, Somerset, Sussex, and Union counties – judges have broad discretion when evaluating evidence relevant to parenting, finances, or each party’s conduct. A single screenshot or social media post might not entirely determine your case's outcome, but it can certainly influence the perception of your credibility, financial standing, parenting abilities, or overall judgment.
That's why I help my clients proactively manage their online presence. Carefully considering what you share on social media during a divorce is just as essential as managing legal documents and negotiations. Your digital footprint can significantly impact your divorce outcome, regardless of where in New Jersey your case is being heard.
Facing Divorce? Michele Hart Is Here to Help
Every divorce is different. Whether you’re navigating privacy concerns, co-parenting challenges, or uncertain about what you should and shouldn’t share, you don’t have to go through it alone.
I’m Michele Hart, a Morris County divorce and family law attorney. I work with clients throughout Morris County and Northern New Jersey, including Morristown, Randolph, Mendham, Florham Park, Madison, and surrounding areas, helping them move forward with clarity, confidence, and a plan that works for their unique situation.
If you’re separated and dating, concerned about what’s already online, or simply want to make sure your digital presence isn’t used against you, I invite you to reach out. Let’s talk through your situation and explore your options together.
Contact me today to schedule a consultation.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. To understand how the law applies to your unique situation, please consult with a qualified attorney.