The case for unfriending during divorce

Should you unfriend your soon-to-be ex-spouse during your divorce? You may want to keep the connection open in the interest of maintaining amicability. However, social media communication can work against you in court.

The current school of thought is that, at the very least, you should unfriend your ex on social media. There is also a case for denying access to your ex’s family members and your mutual friends. In any case, you should be careful about what you post to social media during your divorce.

Misconceptions about evidence

While venting about your divorce on social media may feel therapeutic in the short term, anything that you post publicly is admissible evidence, meaning that your future ex-spouse could use it against you in court. Not only that, but anything you exchange through private messaging is also admissible if the other party decides to disclose it. The law grants greater leeway to civilians in obtaining and submitting evidence to the court than to authorities.

This means that your future ex-spouse may gain evidence against you from your social media indirectly. If you unfriend your spouse but continue to allow access to your mutual friends, they may share information with your spouse that he or she could not obtain directly. Your spouse may then use the evidence against you in court, and you would have little recourse since it was not illegal for your mutual friend to share the information without your knowledge.

Suggestions for social media use during divorce

Some recommend refraining from social media use completely during your divorce. However, this may not be possible if you use social media for your livelihood. In addition to unfriending your future ex and mutual friends, you may also want to restrict access to trusted individuals or professional contacts.

With the possible exception of a brief announcement, you should not post anything specific about your divorce to social media. Find other, safer outlets for your emotions.