At Keller Legal Services, we’ve worked with many individuals and families across Naperville and the greater Chicago area who are navigating divorce while still active on social media. As attorneys, we’ve seen firsthand how a single post or photo can turn into evidence and even impact custody and support decisions. During a divorce, your digital footprint matters more than you might realize. Illinois courts take social media content seriously, and anything you post can potentially be used in court. Knowing how to handle your social media presence during a divorce can protect your legal interests and help prevent unnecessary conflict.
Illinois divorce law allows both spouses to gather evidence to support their claims. Under Illinois Supreme Court Rule 201(b)(1), any non-privileged information that is relevant to the subject matter involved in the case may be discoverable, and that includes your social media activity. Posts, direct messages, photos, and even location check-ins can be subpoenaed and used to demonstrate spending habits, parenting behavior, emotional state, or even dishonesty. For example, a post showing a new vacation during a support dispute could raise questions about financial transparency.
It’s not just about what you post but how others may perceive it. Judges are human. They review evidence in context, and that means photos, comments, and screenshots can all paint a picture that may or may not be accurate. That’s why we encourage our clients to be thoughtful and cautious with every action they take online.
When you’re going through a divorce in Illinois, the stakes are high. Courts consider the best interests of the child under 750 ILCS 5/602.7 when making parenting time decisions. That means posts involving alcohol, questionable behavior, or anything that could be perceived as unsafe or inappropriate may be taken into account. Even private messages can become public in court.
If one parent is accused of parental alienation, such as trying to damage the child’s relationship with the other parent, social media can provide key evidence. Illinois courts recognize parental alienation as a factor that can impact custody and allocation of parental responsibilities. A post disparaging the other parent or encouraging the child to take sides may be viewed as harmful conduct.
We also see social media used in disputes about asset disclosure. Illinois follows equitable distribution under 750 ILCS 5/503, which means assets must be fairly divided. A post about a new purchase or financial transaction can raise red flags about hidden income or unreported assets.
The safest approach during a divorce is to limit or pause your social media use entirely. However, we understand that social media is part of daily life for many people. If you choose to remain active, here are a few tips we often give to clients:
Avoid posting anything related to your divorce, your finances, your children, or your former spouse. Do not share or comment on anything that could be interpreted as aggressive, vindictive, or reckless. Refrain from sharing photos or videos that could raise questions about your parenting or lifestyle. Adjust your privacy settings, but remember that nothing online is truly private. Screenshots can be shared. Remind friends and family not to tag you in posts or photos that may be used in court.
We also recommend keeping a close eye on your children’s social media accounts, especially if they are minors. Posts by or about your child can become part of the case if parenting time or parental decision-making is in dispute.
Many people believe that deleting a post or account removes it from the legal process. However, under Illinois Supreme Court Rule 219(c), courts may impose sanctions for destroying or altering evidence. Deleting potentially relevant content can lead to penalties, including adverse rulings.
It’s also a mistake to assume that private accounts or direct messages are safe from legal review. If a message relates to your divorce, it may still be discoverable. Courts do not require content to be public to be admissible.
We often help clients assess their social media presence and provide clear strategies to minimize risks. A thoughtful, low-profile approach can make a real difference in your outcome.
Yes. Anything you post online can be used as evidence in your divorce case. This includes status updates, photos, comments, messages, and location check-ins. Illinois courts allow discovery of any content relevant to the case under Supreme Court Rule 201.
No. Deleting posts after a divorce has begun may be considered destroying evidence. Courts can impose penalties under Rule 219 for altering or deleting relevant content. Speak with an attorney before making any changes to your account.
You can, but we strongly encourage caution. Avoid posting anything about your divorce, finances, or children. Adjust your privacy settings and consider limiting your online activity to reduce the risk of something being used against you.
Yes. Courts consider the best interests of the child under 750 ILCS 5/602.7. If your posts suggest poor judgment, unsafe behavior, or badmouthing the other parent, they can negatively impact parenting decisions.
Yes. Even content shared in private messages can be subpoenaed and used in court. Courts don’t require content to be public to be relevant or admissible. We advise treating all communications as if they could become part of your legal record.
Yes. Posts that show efforts to damage your child’s relationship with the other parent may be considered parental alienation. Illinois courts take these claims seriously, especially if they impact parenting time or the child’s well-being.
At Keller Legal Services, we help clients throughout Naperville and Chicago handle complex divorce matters with confidence. If you’re concerned about how your social media activity might impact your divorce, we’re here to guide you and protect your interests every step of the way.
Contact our Naperville divorce attorneys at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We serve clients in Naperville, throughout Chicago, and across Illinois. Let our experienced attorneys help you move forward with clarity and peace of mind.
