|
|
Last Modified on Sep 15, 2026
If you are divorcing in Texas, you should know the state’s divorce laws as they apply to your situation and how a skilled attorney can help your case. One thing that many people overlook is what can happen if they speak publicly about a Texas divorce, and social media can be damaging in these cases. Generally, it’s a good idea to avoid posting anything online about your divorce. Even if you delete it later, it could be used against you in various ways.
Preparing for Texas Divorce and Social Media Risks
Social media is inescapable today, and virtually everyone has at least one social media profile they use to interact with others online. If you have social media profiles, whether they are under your legal name or under pseudonyms, it is vital to remember that anything you post online is essentially permanent. Posts can be found and used against you in various ways, so it is crucial to be mindful of what you post online during your divorce.
The divorce rate in Texas was about 2.1 per 1,000 residents as of 2023, according to the Centers for Disease Control and Prevention (CDC). Couples can choose to divorce for countless possible reasons, and regardless of the underlying reason for your divorce, it is important to understand what to expect during the case and how your social media posts could influence the outcome:
- Divorce requires resolving property division, and in Texas, this unfolds according to the community property rule, meaning all shared property in the marriage is divided 50/50 in divorce. If you post about certain assets, or make posts about how you spend marital funds, or anything else along these lines, these posts could be used to prove that you squandered marital assets intentionally or lied in your financial disclosure statement.
- If you have children and must resolve custody in your divorce, you should expect the court to carefully review your social media posts when determining what type of custody arrangement would suit your child’s best interests. For example, if you have made posts speaking poorly about your children, or have posted about using your children against your spouse in divorce, these are likely to be used against you.
- In a fault-based divorce, your social media use could be used as evidence of extramarital affairs or other misconduct that can be leveraged against you. Certain types of misconduct, including adultery, may be proven using your social media posts and profiles, and this could result in losing spousal support or facing other penalties.
These are just a few examples of how social media can influence a Texas divorce case. It is vital to remember that there is no such thing as total privacy when it comes to the posts you make online. Even if you have accounts that are not directly tied to your legal name, there is always a way for others to prove they belong to you, and your posts can reflect poorly on you in your divorce case.
During divorce, it is generally advisable to avoid posting anything about your situation online, even if you believe your posts will only be visible to a small and close audience. Additionally, if you delete any posts after a divorce petition is filed, this could be considered evidence tampering.
Ultimately, it is vital to use social media responsibly at all times. It is never a good idea to post negatively about your spouse, your children, or your marriage in any way on any social media website, even if you are not immediately preparing for divorce. Should you and/or your spouse decide to divorce in the future, such posts will reflect very negatively on you.
Jimmy Vaught of Counsel for the Eggleston Law Firm, can provide guidance and support as you prepare for divorce. If you have concerns about Texas divorce and social media, we can help. Reach out to our firm as soon as possible to learn more about our legal services.
FAQs
How Far Back Can Social Media Posts Be Used in Texas Divorce Cases?
In Texas, any social media posts, regardless of how recent they are, can potentially be used in divorce cases. Never assume that your spouse and their attorney will limit their search through your social media profiles to any specific time period. Anything that you have ever posted online could someday be used against you in a divorce case.
Can Social Media Messages Be Used In Divorce Court in Texas?
Yes, social media messages can be used in divorce court in Texas. Many social media platforms have some type of direct messaging system that allows platform users to communicate “privately,” but these are subject to admission in divorce proceedings just like cell phone text messages and emails. These messages could be used in custody disputes, to prove financial misconduct, or as evidence of extramarital affairs.
What Should I Do With My Current Social Media Accounts After Filing for Divorce in Texas?
After filing for divorce in Texas, you should carefully manage your current social media accounts. Do not delete them or attempt to hide any posts. You can set your account privacy settings to minimize how many people can view your profiles, and it is generally advisable to avoid making any new posts, especially anything concerning your divorce, your family, or your personal life.
Why Should I Hire a Divorce Lawyer?
You should hire a divorce lawyer to have a better chance of reaching the results you hope to see out of your divorce case. These are challenging cases in several ways that often evoke strong emotions from the parties involved. Your Texas divorce attorney can help you remain focused on resolving your proceedings efficiently, address unexpected challenges as they arise, and ultimately help you reach better results than you could expect to reach on your own.
Contact Jimmy Vaught of Counsel for the Eggleston Law Firm Today
Jimmy Vaught of Counsel for the Eggleston Law Firm, has represented many clients in difficult divorce cases in Texas, and over the past several years, social media posts have become a more prevalent issue in these cases for several reasons. If you have questions about Texas divorce and social media, our team can help, so contact us today to schedule a consultation with an experienced Texas divorce attorney you can trust.
