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Can I use social media during my divorce?

I'm frequently asked by clients about the use of social media during their family law cases. And of course you are allowed to and permitted to use social media during a divorce. However, I always advise clients to exercise a fair amount of caution in doing so. I tell my clients that when you are party to a family law case like a divorce, you are subject to the lens of litigation, which means your actions are being scrutinized more than they otherwise would be. Sometimes there are orders in place, which means you can't badmouth the other party or talk about the litigation and posting on social media about the other party, or about the fact that you're going through this divorce or other situation could violate that order.

It's important to think about those things. You need to make sure that any type of comments, any postings, any private messages, even that you post right as if a judge is reading over your shoulder. Because it could very well happen at some point that a judge may be reading what you're saying. And while we do not want you at any point in time to delete anything that you have posted in the past, that could be potentially a crime of destruction of evidence, it's much more valuable to exercise caution going forward if the other side is not exercising the same amount of caution.