Social media has become an integral part of the daily lives of married couples, and it is hard to imagine a world without it. However, studies have shown that heavy social media users are 32% more likely to consider divorce than those who use it less frequently, according to a statistic. This is because social media addiction can lead to a lack of communication, trust issues, and infidelity in relationships.
When married couples spend too much time on social media, they tend to neglect their real-life relationships. According to statistics, they may become addicted to the likes, comments, and shares they receive online and prioritize their virtual life over their real one. This can cause resentment from their partners and ultimately lead to relationship breakdowns.
According to a recent statistic from Boston University in 2014, social media users are 20% more likely to get divorced than non-users. The study revealed that Facebook was the most commonly cited source of conflict among couples.
Social media use can provoke infidelity and deepen trust issues within relationships. For example, if one partner regularly interacts with someone else online—liking or commenting on their posts, or exchanging private messages—it can trigger intense insecurity and suspicions of infidelity in the other partner. Over time, this erosion of trust can dismantle the very foundation of a relationship.
Social media has become deeply ingrained in our daily routines, and couples facing divorce often find that their online presence can significantly affect the outcome of their case. We have seen how photos, posts, and interactions on platforms such as Facebook, Instagram, and Twitter can be used to support allegations of misconduct or challenge a spouse’s credibility.
Content shared on social media can reveal information about assets, employment status, and personal behaviors that might not otherwise come to light. In a time where digital footprints rarely vanish, social media has the potential to influence decisions about property division, spousal maintenance, and parental responsibilities. As Illinois divorce attorneys, understanding the role social media plays in divorce can help our clients protect themselves and make informed choices.
Illinois follows an equitable distribution model when dividing marital assets. Under 750 ILCS 5/503, the court looks at various factors. Illinois courts look at the length of the marriage, each spouse’s contribution to marital property, and each spouse’s financial circumstances. Social media can help identify undisclosed assets. For example, if a spouse posts extravagant trips, such evidence might prompt questions about the source of funds. There are cases where status updates contradict a spouse’s claim of limited resources, thereby affecting the distribution of property.
In Illinois, 750 ILCS 5/504 outlines the factors the court must consider when determining spousal maintenance. These factors include each spouse’s income, future earning potential, and the standard of living established during the marriage. Social media might influence maintenance decisions if it reveals dishonesty about finances. For example, a spouse who portrays financial hardship in court but flaunts luxury items online could face challenges to their credibility. Our experience shows that courts place a strong emphasis on consistent and truthful representations of one’s financial position.
Parental responsibilities and parenting time are critical considerations under 750 ILCS 5/602.7, which focuses on the child’s best interests. Social media may impact these discussions. For example, if a parent’s posts or online behavior raises doubts about their ability to create a stable environment. Illinois law also addresses parental alienation concerns. So, any online behavior that manipulates a child’s perception of the other parent may result in negative consequences.
When social media evidence becomes relevant to a divorce case, courts weigh its authenticity and admissibility. Messages, pictures, updates, and posts must be verified to make sure they are accurate and unaltered. We recommend preserving pertinent information as early as possible to prevent its deletion. If your spouse’s social media content appears vital to your claims or defenses, consult with our firm about proper methods of collection and preservation.
Social media can provide evidence that influences property division, spousal maintenance, and parental responsibilities. Posts or photos that suggest undisclosed assets, questionable spending, or harmful behavior may affect the court’s view of your credibility. Illinois law allows courts to consider this evidence when determining a fair settlement or parenting plan.
Accessing publicly available information on social media is permissible, but hacking or using deceptive methods to gain entry can violate privacy laws. Courts typically exclude evidence obtained through illegal means. It is best to consult an attorney to ensure any information collected will be admissible and won’t raise ethical concerns.
Yes, the court may view social media posts as evidence of income or lifestyle that contradicts claims made in court about financial need. For instance, if someone claims to be struggling financially yet shares photos of luxury vacations, the court may question that person’s honesty and adjust maintenance accordingly.
Illinois courts base parenting time and decision-making on the child’s best interests, as outlined under 750 ILCS 5/602.7. Social media evidence showing reckless behavior, substance abuse, or attempts to alienate a child from the other parent could negatively affect a parent’s custody or parenting time arrangement.
False statements could constitute defamation or harassment. If these posts harm your reputation or relationships, speak with an attorney about your legal options. A court may also view attempts to smear the other spouse publicly as evidence of animosity, which can affect custody decisions.
While stopping social media use isn’t strictly necessary, limiting your posts is wise. Refrain from sharing personal details about finances, relationships, or conflicts with your spouse. Avoid emotional outbursts or negative comments. Anything you share could be used against you in court.
Parental alienation involves one parent discouraging the child’s relationship with the other parent. If social media posts show this kind of interference, the court may address the issue. Illinois law takes emotional harm to a child seriously, so such behavior could influence custody decisions.
Deleting posts or accounts can raise concerns about “spoliation of evidence” if the content is relevant to ongoing legal proceedings. Consult your attorney before deleting anything. In some cases, preserving all relevant content until the case concludes is a safer strategy.
Your attorney can file a request for the court to compel the preservation or production of relevant content. Courts may issue orders that prevent either party from deleting potential evidence. Noncompliance with these orders can result in legal penalties.
Review your privacy settings, limit your posts, and avoid comments about your divorce or your spouse. If friends or family members post about you, ask them to respect your privacy. Being mindful about your online presence can help prevent misunderstandings or misinterpretations in court.
Gathering screenshots or other documentation is often a useful first step. Then, share this evidence with your attorney, who can investigate further. The court may decide to re-examine financial disclosures and adjust property division if hidden assets are uncovered.
Yes, changes in circumstances revealed on social media might prompt a request to modify spousal maintenance or parenting time. For example, if a parent’s posts suggest a new job with a significantly higher income, the other parent might seek a support modification.
Courts often allow screenshots if they are authenticated properly. Ensuring that they accurately represent the information posted and date-stamped is critical. If there are disputes about authenticity, metadata or witness testimony might be necessary to confirm legitimacy.
Social media’s influence on modern divorce proceedings continues to grow, and managing your online presence responsibly can be crucial to the outcome of your case. At Keller Legal Services, we are committed to protecting your interests and helping you address any social media challenges that arise.
Contact our Naperville divorce lawyer at Keller Legal Services by calling 630-505-1515 to receive your free consultation. Our office in Naperville represents clients throughout Chicago and across Illinois. Let us work together to safeguard your rights and help you move forward.
