In 2025, our lives—and our marriages—are increasingly online. We use emails, text messages, social media, and other digital methods to conduct business, communicate with friends and family, and often, hash out disagreements. We also store a great deal of information about ourselves in digital formats.
During a divorce, most of that information is fair game.
Digital messages are used in divorce hearings and other proceedings all the time, so it’s important to be aware of what you post. Even if you have no plans to get divorced now, you never know what life might bring, and a careless comment today could have massive consequences down the road.
What New Jersey Families Should Know About Online Communication in Court
Generally speaking, digital evidence is subject to the same rules as any other type of evidence; that is, it’s generally admissible in court as long as it’s authentic, relevant to the proceedings, and not excluded by some other rule. And in family law, the universe of “relevant” evidence is quite large, since family courts have wide latitude to consider many different types of evidence as they navigate complicated relationships and personality dynamics.
Types of digital evidence that can be used in court include:
- Emails
- Text messages
- Social media posts and messages
- Financial transactions
- Photos and videos
What digital evidence can be used to prove
- Hiding assets: Financial transactions have obvious value in determining whether a spouse may be trying to hide assets, but other digital evidence, such as travel photos or messages, may also reveal that the spouse owns property they aren’t disclosing to their spouse or the court.
- Proving infidelity: Many affairs involve communications through text message or social media that may be uncovered in a litigated divorce.
- Highlighting inconsistencies: If a spouse makes one statement in a divorce proceeding but social media or other messages contradict those statements, their credibility will be damaged.
- Lifestyle, behavior, and financial situation: All of these factors can impact child custody, child support, and spousal support. There is also considerable evidence about people’s lifestyles on social media.
Be mindful of your social media use
Again, even if you don’t plan on getting divorced anytime soon, it's always best to be cautious about what you post on social media. Anything you put in writing could end up being read aloud in court, whether in a family case or some other type of litigation. Be careful not to say anything that could be used against you, no matter how right it might feel in the moment. If you have to share confidential or embarrassing information, save it for in-person conversations.
It's also important to safeguard your personal information online. Change your passwords regularly, use two-factor authentication, and use your privacy settings to control who has access to your personal information. Be aware, though, that even if your social media accounts are private, you may still be required to turn over information in the course of litigation.
In addition, if you are involved in litigation or think you may soon be involved in litigation, don’t delete anything from social media without consulting with your lawyer first. Destroying evidence is a serious matter. The court may even presume that the evidence was bad for your case and make decisions accordingly.
If you are considering divorce, talk to an experienced attorney
Digital evidence is just one of the many complexities that can affect the outcome of a divorce or other family law matter.
If you are concerned about how your social media could affect divorce proceedings, it’s important to get legal advice as soon as possible. The legal team at Williams Law Group, LLC can help. Give us a call or contact us online to schedule an appointment.
"When the unknown knocks on your door and you try to understand what it is going on and it involves your child, Williams Law Group is there for you. Eugene was able to seek and help our family. Throughout every step and many questions, Eugene was there and helped us close our case and get our family back to normal. – Lidia, ⭐⭐⭐⭐⭐