How Social Media Can Impact Your Divorce or Custody Case in Utah

Robert M. HenriksenDivorce Attorney

social media icons and people coming from pc

Almost everyone uses social media these days. Facebook alone has more than 3 billion monthly users, with millions of users on other equally popular platforms, including Instagram, Threads, and TikTok. It’s become a part of our lives to share even the smallest updates on social media. 

While this may feel harmless, your online activity can considerably influence divorce and custody cases in Utah. Many Judges, attorneys, and even opposing parties review posts, messages, and photos for evidence. Many Utah parents have faced difficulties, and some have even risked losing custody due to social media use during divorce proceedings.

If you are going through a divorce or child custody dispute, you need to know how social media can affect the outcome of your legal proceedings. That’s what we’ll explain in this post. 

How Social Media Impacts Divorce in Utah

Divorce is never easy, and in Utah, what you share online can make it even harder. Social media and divorce are closely linked, with posts, photos, and comments often surfacing in court. A single post could affect your property division, spousal support, or even child custody decisions. 

1. Posts Can Be Used as Evidence

Anything you post online can be shown in court. This includes status updates, photos, tagged posts, private messages, or comments. For example:

  • Negative comments about your spouse may be used to show hostility or unwillingness to co-parent.
  • Messages hinting at new relationships could raise questions about fidelity or the timing of separation.

Even private accounts are not safe. Courts can order the release of content, and screenshots from friends or family can appear as evidence.

2. Financial Claims and Social Media

When you claim financial hardship, social media can tell a different story. If you say you cannot afford spousal support but post about expensive dinners, new cars, or shopping sprees, it may harm your credibility. Your Utah divorce attorney will warn you about your social media use during the proceedings. 

3. Emotional Reactions Online

Divorce is stressful, and many people turn to social media to vent. But emotional posts may suggest poor judgment, lack of stability, or hostility toward your spouse. Judges may view this as an unwillingness to cooperate or resolve disputes respectfully, which can negatively impact your credibility during the case.

How Social Media Affects Child Custody Cases

Just like in divorce cases in Utah, social media posts can quickly become evidence in child custody disputes as well. Family courts weigh everything against the best interests of the child, and even a single post can raise doubts about your ability to provide stability. 

Here’s how: 

1. Posts Suggesting Risky Behavior

Photos or updates showing alcohol use or reckless activities may cause a judge to question your ability to provide a safe environment. Even if the post was meant as a joke or taken out of context, it can be used against you in court. Judges tend to err on the side of caution when it comes to children’s safety.

2. Negative Comments About the Other Parent

Social media rants directed at your ex can make you appear a hostile spouse or unwilling to co-parent. Utah courts look for parents who can cooperate and support a child’s relationship with both parents. Public insults or heated posts may signal the opposite, reducing your chances of favorable child custody terms.

5 Practical Tips for Protecting Yourself

Social media can feel like a normal part of your daily life, but during a divorce or custody case, it becomes a risk. Every post, comment, or photo could be examined by the court or the other side’s attorney. By being proactive, you can reduce the chances of your online activity harming your case.

Here’s what you should do:

1. Limit Online Activity

The most effective way to avoid losing custody due to social media is to stop posting altogether until your case is resolved. Silence gives the other side nothing new to use against you. Even harmless updates can be taken out of context, so pausing your online presence is a simple way to protect your credibility.

2. Adjust Privacy Settings

Strong privacy settings can limit who sees your content, but they are not foolproof. Sometimes, Utah courts can order access to private posts and screenshots. So, think of privacy settings as a small barrier, not total protection, and post only what you would be comfortable having a judge see.

3. Avoid Talking About the Case

If you do want to post, don’t share details about your divorce hearings, settlements, or child custody arguments online. Courts want to see parents who protect their children from conflict and who treat legal proceedings with respect. Posting about the case can make you appear careless, biased, or disrespectful of the process.

4. Ask Friends and Family for Support

Even if you are careful, friends and relatives can unintentionally cause harm by tagging you in photos or mentioning your case. Politely ask them not to post about you, your ex, or your children until the matter is resolved. Clear communication with your support circle can prevent surprises in court.

5. Work Closely with a Lawyer

A skilled divorce and custody attorney can review your online presence and advise you on what to change or remove. They understand how opposing counsel might interpret posts and can help you avoid missteps. With professional guidance, you can focus on presenting yourself as a responsible parent and protect your legal interests.

What If Social Media Has Already Hurt Your Case

If your posts have already been raised in court, don’t panic. Speak with your family law attorney immediately. They may be able to:

  • Provide context showing the post was harmless.
  • Argue that the content was misinterpreted.
  • Show that a single post does not represent your overall parenting ability.

Act quickly and avoid repeating the mistake. The legal system typically values honesty and responsibility, so acknowledging the issue and making changes can help you rebuild your credibility.

Final Thoughts

Social media may feel like a personal outlet, but in a divorce or custody dispute, it can be used against you as evidence. Many divorcing parents and couples have faced consequences, including losing custody due to social media activity that seemed routine at the time.

If you are going through a divorce or custody case, treat your online presence as part of your case strategy. Avoid risky behavior, keep your and your children’s best interests at the forefront, and lean on the guidance of a trusted divorce and custody attorney.

At Henriksen & Henriksen, we help Utah families through these difficult times. If you need legal support, call (801) 521-4145 or schedule your free consultation online.

Robert M. Henriksen

Robert M. Henriksen is a third-generation trial attorney and personal injury lawyer at Henriksen & Henriksen in Salt Lake City, Utah. He has been practicing law since 2006 and focuses on serious injury and wrongful death cases. Rob is a member of the Utah State Bar and has represented clients in complex litigation involving auto accidents, trucking collisions, and insurance disputes.

With a reputation for personal service and courtroom readiness, Rob brings over 15 years of hands-on legal experience to every case. He earned his J.D. from the University of Utah S.J. Quinney College of Law and is committed to helping Utah families recover the compensation they deserve after life-changing injuries.

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