Can Social Media Posts Be Used in Divorce Court?
The digital lives of spouses can play a significant role in divorce proceedings. Social media posts, messages, and online interactions are increasingly introduced in court to support or challenge claims made by either party.
Curiale Hostnik PLLC has seen firsthand how social media content can impact family law cases. Our Washington divorce lawyer understands how posts, photos, and comments may influence decisions regarding custody, property division, spousal support, and credibility under current divorce law.
How Washington Divorce Law Treats Social Media Content
Washington is a no-fault divorce state, which means that spouses don't have to prove wrongdoing to obtain a divorce. However, this doesn't mean that all personal behavior is irrelevant. Courts still consider conduct when it directly affects financial matters or the welfare of children.
Divorce law in Washington allows both parties to present evidence relevant to contested issues. If one spouse claims financial hardship while posting photos of expensive vacations or new purchases, those posts may be submitted as evidence.
Similarly, if a parent disputes allegations of substance use but their social media activity suggests otherwise, the content may carry weight.
Under Washington law, electronic communications, including social media posts, can be admissible if they’re relevant and properly authenticated. This means that the post must be tied to the person who created it, and its content must relate directly to a matter before the court.
Common Types of Social Media Evidence Used in Divorce
While not every post becomes part of a court record, certain kinds of social media activity tend to draw attention in divorce cases. Some of the most frequently submitted content includes:
Posts showing excessive spending, especially if financial hardship is claimed
Photos or videos suggesting infidelity or questionable conduct
Comments that contradict statements made during litigation
Posts disparaging a co-parent, especially in custody disputes
Evidence of drug or alcohol use during parenting time
Check-ins or location tags that contradict alibi statements
These posts often carry more weight when they are frequent, public, or directly relevant to a contested issue under divorce law.
How Courts Authenticate Social Media Evidence
For a social media post to be used in divorce court, it must first be authenticated. This step involves confirming that the post or message actually came from the individual in question. In Washington, courts require some level of corroboration, which might include metadata, witness testimony, or cross-referencing with other digital records.
Printouts alone may not suffice unless they are linked to an account name and demonstrate consistency with that person’s communication style or activities. Courts may also accept screenshots, but only when accompanied by testimony about how they were obtained and by whom.
Because social media accounts can be hacked or impersonated, judges evaluate the authenticity of digital content with care. Once a post is admitted, however, it becomes part of the court's analysis, especially when assessing behavior, credibility, or parenting decisions.
Social Media and Child Custody Disputes
Child custody is one of the most sensitive aspects of divorce law in Washington. Courts are required to make custody decisions based on the best interests of the child. When social media content suggests poor judgment, emotional instability, or a disregard for parenting responsibilities, it may factor into custody rulings.
For example, a parent who frequently posts images of partying while the child is in their care might face increased scrutiny. Comments that disparage the other parent, especially when visible to mutual friends or family members, can also reflect poorly on a person’s ability to support the child’s emotional development.
Judges often view online behavior as a reflection of real-world conduct. As such, social media activity may contribute to decisions about parenting plans, visitation schedules, and residential arrangements.
Financial Claims and Online Activity
In Washington, divorce law requires spouses to make full and honest disclosures about their income, assets, and debts. Social media can sometimes reveal discrepancies between reported finances and actual behavior.
When one spouse claims limited income while publicly posting about large purchases, luxury vacations, or a lavish lifestyle, the other party may introduce those posts as evidence. Even if the posts are exaggerated or meant to impress, they may still raise questions about truthfulness.
Courts may also consider whether one party is hiding assets or income. Online job profiles, marketplace listings, or business promotions can contradict sworn statements. Inconsistencies revealed through social media may lead to further investigation or additional discovery requests.
Online Harassment or Intimidation
Sometimes, social media becomes a vehicle for harassment during divorce. Posts that threaten, mock, or intimidate a spouse can harm a person’s credibility and may result in legal consequences, especially when there is a no-contact order in place.
Judges in Washington have the authority to consider this behavior when issuing protective orders or making custody decisions. Threatening messages, public humiliation, or coordinated online attacks may lead to sanctions or influence the court’s view of one party’s character.
If harassment is documented, it’s important to preserve screenshots, links, and dates. These records can be submitted through legal counsel and used to support claims related to emotional harm, safety concerns, or requests for protective measures.
Deleted Posts and Digital Records
Deleting social media posts doesn’t always protect a person from consequences. Even if a post is removed, it may already have been saved, shared, or captured in a screenshot. In some cases, metadata can also be recovered through subpoenas or digital forensics.
Courts may view the deletion of posts during a divorce case as an attempt to conceal evidence, especially when litigation is ongoing. This can reflect poorly on a party’s credibility or lead to adverse inferences.
Parties are typically advised to preserve relevant communications and to avoid altering or destroying potential evidence. In Washington, intentional spoliation of evidence can lead to penalties or shift the burden of proof.
Privacy Settings and Perceived Boundaries
Many people assume that setting their social media accounts to “private” protects them from scrutiny, but that’s not always the case. Posts shared with friends can still be forwarded, screenshotted, or disclosed during discovery.
In divorce cases, content shared with third parties loses much of its protection. If a mutual friend shares information or if a post is visible to followers, it may become accessible to opposing counsel. Additionally, courts can issue subpoenas to social media platforms in some circumstances, although this process is more limited.
Divorce law doesn’t recognize a separate category of privacy for digital behavior that contradicts claims made in court. If content is relevant and obtainable, it may be used regardless of original intent or visibility settings.
Best Practices During a Divorce Case
Given how easily online content can influence divorce proceedings, it’s critical to adopt careful communication habits during litigation. Here are some best practices for managing social media use:
Limit social media activity until the divorce is finalized
Avoid posting about finances, parenting, or personal relationships
Don’t delete content once litigation has started
Refrain from commenting on the other spouse’s behavior online
Ask friends not to tag or mention you in public posts
Consult with legal counsel before responding to any public accusations
These steps reduce the risk of creating unintended evidence and support a more controlled approach to public behavior during the divorce process.
Social Media Discovery in Washington Divorce Cases
Discovery is the legal process through which each party obtains evidence from the other. In Washington, discovery rules allow for the collection of social media content when it’s relevant to the divorce case. This might include requests for:
Messages or direct communications from social platforms
A full history of posts within a specific date range
Metadata or activity logs tied to online behavior
Courts may limit overly broad or invasive requests, but relevant content is often discoverable. Parties who refuse to comply with discovery rules may face legal consequences, including court orders or exclusion of their own evidence.
It's important to understand that once litigation begins, even seemingly personal online activity can become part of a legal record. Transparency and consistency are essential, especially under Washington’s disclosure requirements.
How Divorce Law Firms Use Social Media Evidence
Legal counsel often reviews social media as part of their preparation for hearings or settlement discussions. In some cases, attorneys will advise their clients to stop using certain platforms altogether during the divorce. In others, they may recommend documenting specific posts made by the other spouse to support claims.
Law firms familiar with divorce law in Washington know how to gather, preserve, and introduce digital content in a way that aligns with procedural rules. They may also use social media to track behavioral patterns that support requests related to custody, spousal support, or asset division.
By using social media as one of many investigative tools, attorneys are often able to build stronger, more credible cases for their clients.
Social media has become a powerful tool in divorce litigation, especially in Washington where courts require evidence that directly supports claims about finances, parenting, or personal conduct. Under divorce law, online content can serve as both an asset and a liability depending on how it’s presented and preserved.
Whether it's a photo that contradicts testimony or a message that undermines a claim, digital evidence has real consequences in court. Because of this, it’s important for individuals going through divorce to think carefully about what they post, how they communicate, and what digital records may already exist.
Call Curiale Hostnik PLLC Today
Divorce law continues to evolve alongside technology, and social media now plays a critical role in many cases. Those involved in divorce proceedings should approach their online presence with the same level of caution they apply to all other aspects of the case.
Contact Curiale Hostnik PLLC today. We serve Tacoma, Washington, and cities throughout Pierce County, including Puyallup, Gig Harbor, and University Place.