Divorcing in the Age of Digital Evidence: What You Post Can Be Used Against You

Divorce has always been a complex and emotional process, but in today’s hyper-connected world, the stakes are even higher—because your texts, emails, social media posts, and even fitness trackers can become key evidence in your case.

Digital Footprints Do Not Lie

We live our lives online: Facebook, Instagram, TikTok, texts, Venmo notes, GPS history—you name it. What many divorcing spouses do not realize is that all this content is discoverable in court. That vacation photo posted during a “business trip”? That angry DM sent in the heat of the moment? That money sent via Cash App with the caption “child support”? It can all be used to challenge credibility, prove infidelity, show financial misconduct, or affect custody decisions.

Real Examples We Have Seen in Georgia Courts:

  • Social media rants have been used to question a parent’s emotional stability.
  • Dating app profiles posted before separation were presented as evidence of cheating.
  • Text messages have been used to prove threats, hidden income, or broken custody agreements.

What You Should (and Should Not) Do

At Dreyer Law, we always advise clients:

  • Do not post about your divorce or your ex on social media.
  • Think twice before texting—assume every message could be read aloud in court.
  • Avoid deleting anything once a case is filed. Destroying evidence can backfire legally.
  • Keep your devices private and secure—especially if passwords were shared.

If you are going through a divorce, do not let a digital mistake ruin your outcome. Contact Dreyer Law today for expert family law guidance that’s tailored to the realities of today’s digital world.

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