Handling Social Media During a Divorce in Illinois

 Posted on June 17, 2025 in Divorce

Navigating divorce while you are still actively posting on social media can be tricky. A seemingly innocent photo or status update can quickly turn into evidence. Staying acutely aware of your digital footprint is becoming increasingly important during the divorce process, and a Rolling Meadows, IL divorce attorney can help you manage your social media presence to protect your interests. No one wants unnecessary conflict in an already high-stress situation.

Why Does Social Media Matter During the Divorce Process?

During a litigated divorce, the court allows both parties to bring evidence in support of their claims. This means that discoverable information relevant to your relationship and divorce proceedings can be used, including all your activity on social media. Direct messages, images, posts, and location stamps can be used to support claims regarding your spending habits, mental state, and parenting style. For example, if you are in the middle of a dispute over spousal maintenance, but you post photos of yourself on vacation, that could raise questions about how transparent you have been with your finances.

Spouses can be caught in lies because of what they share online, but sometimes it is not about what is posted as much as it is about how the post is perceived. Everyone knows that photos and status updates can be deceptive. Talk to your attorney about how you can be cautious online during and after divorce.

What Legal Risks Are Associated With Social Media Use During Divorce in Illinois?

The two most significant legal risks associated with social media use and divorce relate to the allocation of parental responsibilities, also known as custody, and asset division. The court bases decisions regarding custody on what is in the child’s best interests. Social media posts involving anything that could be perceived as questionable, inappropriate, or unsafe behavior could be taken into account when decisions about parental responsibilities are made. 

Part of the legal process for dividing assets is disclosure. Posts that display new purchases or excessive spending could raise red flags about hidden income or asset dissipation. Best practices for social media during divorce include pausing or limiting your social media activity just to be sure. However, if you choose to stay active, avoid posting anything about your finances, children, spouse, or divorce proceedings.

Private Social Media Accounts During Divorce Proceedings

A common misconception is that private accounts and direct messages cannot be used in legal proceedings. If screenshots of activity on your private social media accounts surface during discovery, the court will likely allow them to be admitted into evidence. Your attorney can help you develop a social media strategy that allows you to remain active and minimize the potential risks. Ultimately, keeping a low profile online during a divorce is a good approach.

Contact a Rolling Meadows, IL Divorce Attorney To Learn More

If you have questions about how to conduct yourself during the divorce process, schedule a free consultation with the experienced Arlington Heights, IL divorce lawyer at Law Offices of Donald J. Cosley. Everyone approaches divorce differently, and for some, social media can be an outlet to express themselves. Call 847-253-3100 today, and we can work together to keep your online activity from damaging your case.