Using Social Media Wisely During Divorce

 Posted on June 20, 2026 in Divorce

Social media can be a great way to stay in touch with loved ones near and far. This can be especially true during a divorce, a time when you may feel very isolated and alone.

You may, understandably, want to vent some of your frustrations about your divorce proceedings on your chosen platforms. However, this can backfire in sometimes unforeseeable ways. Being aware of the risks associated with using social media during divorce proceedings can help you decide if the momentary satisfaction is worth the potential fallout.

A Geneva, IL divorce lawyer can help you understand the safest social media habits to use during your 2026 divorce.

Can Social Media Posts Be Used as Evidence in an Illinois Divorce?

Under Illinois Supreme Court Rule 214, either spouse's attorney can send a formal request to produce documents during a divorce. Illinois courts treat social media content like any other form of "documentary evidence." This means it can be requested, examined, and used in your case, like other documents, under the right circumstances. This can include screenshots, direct messages, or full account downloads from platforms like Facebook or Instagram.

Before a post or message can actually be used in court, it has to be authenticated under Illinois Rule of Evidence 901. This means the person introducing the evidence has to show it is genuine and really came from the account or person it claims to be from. A screenshot alone is often not enough on its own, as they can be altered. Courts typically want supporting proof, such as testimony from someone with direct knowledge of the post or account activity records from the platform itself.

How Should I Approach Social Media if I’m Going Through a Divorce in Illinois?

Even if you are positive that your divorce will not go to litigation, it is still best to avoid potentially problematic social media posts. What counts as "problematic" may be much broader than you expect.

Some good practices for posting include the following.

Focus on the Present

You don’t have to pretend that everything in your life is perfect, but focus on wins and losses that are independent of your spouse and the deterioration of your relationship. If you’re having a hard day because of your divorce, you can post about it. Just remember to keep it non-specific and talk about the emotion itself rather than your spouse. Friends can always follow up through private channels, such as texting, to talk in greater detail.  

Post Sober

Nothing good ever comes from a drunken rant over social media. If you are under the influence of alcohol, cannabis, a prescription medication, or any other substance, avoid posting. Delete apps from your phone before going out with friends if you’re worried about what you might say later in the night.

Avoid Passive-Aggressive Posts

Keep your posts focused on yourself, not your ex. Post about what you did with the kids that weekend, or how your new yoga class is going. Avoid using this kind of lifestyle updating to be passive-aggressive. Something like, "Doing great even with someone trying to keep me down," may clearly reference your ex and should not be posted.

Also, remember that context is extremely important. Your friends and family may understand that you’re a responsible parent, for example. But posts about nights out with your friends may be taken out of context. It's possible they could be used as evidence that you prioritize your own wants over your child’s needs.

If you are ever unsure about whether a post might cause trouble, you can always check with your lawyer before publishing it.

What Should I Avoid Doing on Social Media During My Divorce?

A few specific circumstances have a higher chance of becoming problematic during a divorce. Consider avoiding the following:

• Posting about new romantic relationships: This can complicate spousal maintenance discussions and, in some cases, affect how a judge views your priorities when deciding on parenting time.

• Sharing photos of expensive purchases, vacations, or lifestyle upgrades: These may contradict financial statements you have submitted to the court.

• Using location tags or check-ins that reveal where you and your children are at a given time: This can raise safety or scheduling concerns.

• Deleting old posts once your case has started: This can be viewed as destroying evidence and may create separate legal problems.

These rules can feel restrictive, but remember that they will ease up once your divorce is finalized.

Contact a Kane County, IL Divorce Lawyer Today

Social media has the potential to significantly complicate your divorce proceedings. Professional guidance on what is safe to post may save you a great deal of time and frustration.

Our Geneva, IL divorce attorneys have experience with divorce cases and can help you manage the process from start to finish. We offer free consultations. Call Serrano Hanson & Hurtado, LLC at 630-844-8781 today to discuss your case. 

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