Social Media and Divorce

The recent development and widespread use of social media has allowed people to connect with long-lost friends and relatives, as well as form and maintain relationships that would not exist otherwise. While there are many benefits to social media, there are detriments as well, as it has caused the end of many marriages and has affected how divorce matters are handled. If you are debating filing for divorce in Texas, it is wise to meet with a skilled Dallas divorce lawyer to discuss your rights and how the use of social media can impact your case. At McClure Law Group, we will work diligently to protect your rights and advise you regarding how social media can be used against you or to your advantage.

In Texas, a party seeking a divorce does not have to assert grounds in his or her divorce petition. Rather, Texas allows for a no-fault divorce. When a party petitions for a no-fault divorce, he or she must merely allege that the marriage is no longer sustainable because of discord or personality conflicts, and that there is no realistic chance of the parties reconciling. If a person petitions the court for a no-fault divorce, the court will ultimately grant a divorce decree without assigning fault.

While many people seeking a divorce in Texas choose to file a no-fault divorce, regardless of the reason he or she wishes to end his or her marriage, Texas also allows people to petition for fault-based divorces. Specifically, people can seek divorce due to cruelty, abandonment, adultery, conviction of a felony, living apart for at least three years, and confinement in a mental hospital.

While social media would most likely not impact a divorce based on imprisonment or confinement in a mental institution, it may be the basis for divorces pursued on other fault-based grounds or provide support for the argument that one spouse is responsible for the demise of the marriage. For example, a party petitioning for a divorce due to adultery must prove that his or her spouse willingly had sexual intercourse with another individual during the marriage. Messages or images exchanged via social media outlets can be used as evidence of an illicit affair. Similarly, posts or messages made on social media can be used as evidence of cruelty, abandonment, or living apart.

In addition to bearing on the grounds for a divorce action, social media can also impact how each party’s claims are dealt with by the court. For example, if one party exhibits evidence of lavish spending on social media but claims to have little assets or income, the court may call into question the veracity of that person’s financial disclosure. Additionally, if the parties are embroiled in a custody dispute, negative comments on social media about a person’s estranged spouse, or that indicate a mental health or substance abuse issue can be used as evidence by the opposing party that granting the person custody rights is not in the best interest of the child. If you or your spouse wish to end your marriage, it is prudent to meet with a divorce attorney regarding the potential effect of social media on your proceedings.

Social media has changed many things throughout society, including the manner in which divorce actions are handled. If you or your spouse intend to file for divorce in Texas, it is advisable to consult a knowledgeable Dallas attorney to discuss your case as well as the relationship between social media and your divorce proceedings. At McClure Law Group, we will work tirelessly to obtain any evidence from social media sites that could be used to your advantage and will offer guidance regarding how your posts could affect your rights. Our primary office is located in Dallas. We represent parties in divorce proceedings in Dallas, Fort Worth, Irving, Garland, McKinney, Richardson, Frisco, and Rockwall. Additionally, we represent people in family law matters in other parts of Collin, Dallas, Grayson, Tarrant, Denton, and Rockwall Counties. You can contact us via our online form or at 214.692.8200 to schedule a consultation regarding your case.