Social media has transformed the way people connect, but it has also changed the way infidelity is discovered, and how it impacts divorce cases. In Texas, evidence from platforms like Facebook, Instagram, and Snapchat can play a significant role in divorce proceedings, influencing everything from property division to child custody.
At CE Borman & Associates, we help clients in Bryan, Texas, and Brazos County navigate the complexities of divorce, including cases where social media and digital evidence come into play. If you suspect infidelity or are facing a divorce impacted by online activity, understanding how social media can affect your case is essential.
This blog explores the impact of cheating and social media on divorce cases in Texas, including how digital evidence can affect legal proceedings and what to consider when navigating a divorce in the digital age.
How Social Media Can Affect Divorce in Texas
Texas is a community property state, meaning that marital assets and debts are typically divided equitably in a divorce. While Texas does not require proof of fault for divorce, evidence of adultery or other misconduct can still influence aspects of a case, including financial settlements and custody arrangements. Social media plays a significant role in uncovering and proving this misconduct.
Social Media as Evidence of Infidelity
Even though Texas is a no-fault divorce state, courts may consider fault-based grounds such as adultery when making decisions about property division and spousal support. Social media activity can serve as key evidence, including:
- Flirtatious messages or posts that suggest an affair.
- Photos or check-ins that indicate a spouse was somewhere they shouldn’t have been.
- Direct messages or emails confirming infidelity.
- Financial transactions (Venmo or Cash App payments) that indicate spending on someone outside of the marriage.
Even deleted content may be retrieved through subpoenas, making it important to be cautious about online activity.
Social Media’s Impact on Child Custody
Texas courts prioritize the child’s best interests when determining custody arrangements. If a parent’s social media posts suggest irresponsible behavior, it could negatively impact their custody rights. Examples include:
- Posts showing partying, excessive drinking, or drug use.
- Negative comments about the other parent, which can include parental alienation.
- Evidence that contradicts claims made in court, such as a parent claiming they cannot afford child support while posting purchases or vacations.
If social media suggests a parent’s lifestyle may not be in the child’s best interests, the court may limit custody or visitation rights.
Financial Implications in Divorce Settlements
Social media can also impact spousal support and asset division if it provides evidence of hidden assets or financial dishonesty. Posts about expensive vacations, new cars, or lavish purchases can contradict claims of financial hardship. Courts may use social media to determine if a spouse is concealing assets or misrepresenting their financial situation.
Social Media Mistakes to Avoid During Divorce
If you’re going through a divorce in Texas, being mindful of social media activity is critical. Here are some mistakes that could harm your case:
Posting about your personal life – Even seemingly harmless updates can be misinterpreted in court.
- Badmouthing your spouse – Negative comments or rants can be used as evidence of hostility or an inability to co-parent.
- Sharing financial details – Posting about a new job, bonus, or luxury purchase may impact spousal or child support.
- Allowing others to tag you – Even if you don’t post something yourself, being tagged in a questionable situation can still be used against you.
How to Protect Yourself Online During a Divorce
To avoid social media pitfalls during a divorce consider the following:
- Review privacy settings – While nothing is truly private online, restricting who can see your posts may offer some protection.
- Limit social media use – Taking a break from social media can prevent unnecessary complications.
- Think before you post – If you wouldn’t want a judge to see it, don’t post it.
- Consult with a divorce attorney – If you’re unsure about how your social media activity may affect your case, seek legal guidance.
Reach Out to the Bryan, Texas Divorce Lawyers at CE Borman & Associates Today
Divorce cases can be complicated, especially when social media is involved. At CE Borman & Associates, we help Brazos County clients navigate the challenges of divorce while protecting their rights and interests. If you need legal guidance on how social media may impact your case, we’re here to help.
Call us at 979-200-4725 or visit our contact page to schedule a consultation.
