Social Media and Your Case
Perhaps You Didn’t Hear Me… I Said Shut Down Your Facebook Account
Updated June 2025. Originally posted in Big Latin Words.
My son, William — or Cinco, as we call him — is now a teenager. But I still remember when he was two, standing in the shower while I tried to rinse shampoo from his hair. I’d tell him, “Close your eyes and lean your head back.” Every single time. And every single time, he’d look straight up at the stream of soap and water like he was discovering gravity for the first time. Tears would follow. I’d dry him off. And we’d do it all over again the next day.
I knew how to keep the soap out of his eyes. He just didn’t want to listen.
Fast forward to my work in family law, and not much has changed — except now the tears are over lost evidence, court sanctions, or custody setbacks, and it’s not soap in someone’s eye, it’s a screenshot.
Let me be clear: if you’re my client, and I tell you to shut down your Facebook account, it’s not a suggestion. It’s legal hygiene. And it’s based on more than two decades of practice and a front-row seat to courtroom implosions caused by social media.
Mistake #1: Failing to Secure the Assets
In Tennessee divorce cases — especially those filed in Memphis or the surrounding counties — there’s a mutual injunction that kicks in the moment a divorce is filed. It prohibits either party from destroying, transferring, or hiding marital assets. It does not mean you can’t protect them.
When I advise clients to place items in storage, to inventory them, to provide notice to the other party, and to videotapethe move — that’s not just good advice. That’s a playbook for not getting burned in court.
And yet… time and time again, clients “forget” to notify their spouse. They toss everything into a storage unit like it’s a garage sale, and they show up at trial surprised that we’re fighting over items that could have been preserved.
Mistake #2: Posting Like You’re Not in a Lawsuit
Our retainer agreement specifically says: shut down your social media. Deactivate it. Suspend it. Whatever it takes to stop sharing.
Why? Because that witty little caption under your margarita pic can — and often will — show up as an exhibit marked by opposing counsel.
A few years ago, we represented a client seeking custody. On the stand, they testified about wanting to foster a stable environment and avoid drama. Meanwhile, their Facebook feed included this gem:
“I’ll tell the judge whatever I need to if it means getting my kids.”
You can’t unring that bell.
The Point
You hired me for a reason. I’ve seen what works. I’ve seen what burns everything to the ground. You’re not paying me for suggestions — you’re paying me to help you win or protect what matters.
So when I say don’t touch that asset, don’t post that status, or don’t text your ex at midnight — I’m trying to keep the shampoo out of your eyes.
Still with me?