A client of mine posted a photo on a Friday night. Just a normal night out. Friends, drinks, big smiles. Nothing she would have thought twice about.

Her ex’s attorney showed it to the judge the following Tuesday to argue she was an irresponsible parent.

She kept custody. But she spent money she did not need to spend defending a photo that she did not need to post.

I tell every client the same thing on day one. What you put on the internet is evidence. Act accordingly.

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Discovery and Social Media

In Tennessee divorce and custody cases, social media posts are discoverable. Your public posts, obviously. But also posts that are “friends only” if opposing counsel can get access to them, which they sometimes can.

Screenshots exist. Mutual friends exist. Ex-spouses who still have your login exist. (Change your passwords. I should not have to say that, but I do.)

Do not assume that privacy settings protect you in litigation. Assume that anything you post can end up in a courtroom.

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What Gets Used and How

Photos and videos suggesting alcohol or drug use around children. Posts complaining about the other parent, especially ones that might expose children to conflict. Check-ins and location data that contradict what you told the court. Spending that contradicts your claimed financial hardship.

Relationship posts. New partners introduced to the children before the divorce is final. Anything that makes you look like a different person than the one presenting themselves to the judge.

I have seen settlements blow up over Instagram posts. I have seen parenting time reduced because of Facebook. For more on decisions that damage divorce cases, see Bad Divorce Decisions.

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What I Tell My Clients

The safest approach during active litigation is to go quiet. Not dark, necessarily, but quiet. Think before you post. Ask yourself whether you would want your judge to see this.

Do not post about the case. Do not post about your ex. Do not post photos of the kids that could be taken out of context. Do not post anything that contradicts your financial disclosures.

You are not giving up your life. You are just running it on a slight delay for a season.

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Lawyer Bill’s Advice

Social media did not exist when most family law doctrine was written.

But it exists now, and courts use it.

The things people used to say only to close friends at the kitchen table, they now broadcast to five hundred people.

Your case will not be won on social media. But it can absolutely be lost there.

Post accordingly.

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If you have questions, reach out to William W. Jones IV at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.