In today’s day and age, almost everyone has some sort of social media account. If you are going through a divorce (or thinking about it) and have a Facebook, Instagram, Twitter, Vine, Tumblr, LinkedIn or any other social media profile, this article is for you!
During a divorce proceeding, almost everything you post on a social media site is considered discovery. “Discovery” includes almost any matter that might be relevant to the subject matter of the pending action. Florida Statute §1.280(b)(1). A judge could order your social media posts to be produced to your spouse so it is important that you do not remove them.
Deleting a post does not remove that post from discovery. You may be inadvertently destroying discovery, although innocently, when you remove a post. If you do remove a post or delete a social media account, save a copy of your profile. Since saving posts from multiple years is a nearly impossible task, it is best to alter your privacy settings so your account becomes invisible to everyone.
Do be sure to limit your social media posts going forward. Something you may believe is innocuous or funny may be offensive to your family court judge. The post may also anger your spouse or hurt your children. Remember that anything you post on the internet is visible to the world.
Similarly, do not discuss the pending case on any form of social media. Don’t post anything on social media that you would not want anyone and everyone to know. Your children, their friends, your judge, a private investigator, or a Guardian ad Litem – all become the audience for your momentary lapse in judgment and rant about your spouse on your Facebook page.
If you have questions about your social media posts, be sure to hire a qualified family law attorney to help guide you through the divorce process so that you avoid inadvertent violation of Florida laws regarding social media.