Key Takeaways:

  • A 2010 AAML survey found 81% of divorce lawyers saw an increase in social media evidence, and usage has only grown since.
  • Deleting posts can be treated as evidence destruction and used against you.
  • When in doubt, do not post; speak with your lawyer first.

During a divorce, your phone can feel like a lifeline for venting or escaping the stress. But every post, comment, like, and photo can become evidence. Family court judges in South Jersey routinely admit social media content in divorce cases. Whether you live in Marlton, Evesham Township, or elsewhere in Burlington or Camden County, knowing what never to post can protect your custody arrangement and credibility in court.

Why Social Media Matters

Family courts treat social media the same way they treat any other written statement. A photo, caption, or message can be authenticated and introduced as an exhibit if it relates to custody fitness, finances, or misconduct. Even “private” accounts are not safe, since screenshots and discovery requests can still expose them.

What You Should Never Post

  • Venting about your spouse — It can portray you as hostile or unwilling to co-parent.
  • Case details — Discussing settlement talks or lawyer advice can reveal strategy to the other side.
  • New relationships — Photos with a new partner can raise custody concerns.
  • Lifestyle that contradicts your claims — Vacations or purchases can undercut a hardship claim.
  • Parenting content — Photos showing children unsupervised or out late can suggest poor judgment.
  • Check-ins and location tags — These can contradict parenting-time claims or raise safety concerns.

By the Numbers

  • A 2010 survey by the American Academy of Matrimonial Lawyers (AAML), still the most-cited benchmark, found 81% of divorce lawyers saw an increase in social media evidence, with Facebook the primary source in 66% of cases.
  • Usage has only grown since: As of 2025, 71% of U.S. adults use Facebook and 84% use YouTube, according to the Pew Research Center.
  • New Jersey has one of the lowest divorce rates in the country (about 2.3 per 1,000), but roughly 60% of filed cases involve children.

Deleting Posts Is Not the Answer

Once a divorce is reasonably anticipated, both spouses generally must preserve relevant evidence. Deleting posts can be treated as destruction of evidence, letting a judge assume the content was damaging. Platforms retain data long after a post disappears. Talk to your lawyer first.

Protecting Yourself Going Forward

The safest approach is to pause posting until your case is resolved. If that is not realistic, tighten privacy settings, avoid unfamiliar friend requests, and ask friends and family not to tag you. Before posting, ask if you would be comfortable having it read aloud in court. If not, do not post it.

Frequently Asked Questions:

Can my spouse’s lawyer use my private posts against me?

Yes. Courts can compel account archives, and content can surface through screenshots or testimony.

Should I delete posts I regret before filing?

No. Deleting content once a divorce is anticipated can be treated as destroying evidence.

What about posts my friends make about me?

Tags and comments made by others can still be used as evidence, so ask loved ones to be cautious too.

Is it safe to start dating during my divorce?

New relationships shared online can complicate custody matters. Keep them private until your case concludes.

Talk to Our Knowledgeable Marlton Divorce Lawyers at Burnham Douglass if You Have Questions About the Use of Social Media During Your Divorce

Social media mistakes are avoidable with the right guidance. If you are facing a divorce in Marlton or anywhere across Burlington or Camden County, our Marlton divorce lawyers at Burnham Douglass are ready to help. For a free consultation, contact us online or call today at 856-751-5505. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients throughout the state.