Can private social media posts still be used in an Illinois divorce?

Yes. Privacy settings limit who can see content on a platform, but they do not shield that content from the divorce process. Posts, photos, messages, and activity logs can be requested through formal discovery. Courts treat social media the same as any other electronically stored information, regardless of the privacy level on the account.

What happens if I delete old social media posts or messages during a divorce?

In Illinois divorce cases, parties have a duty to preserve electronically stored information, including social media content, and to produce it if requested. This duty can apply when litigation is reasonably anticipated, not only once a case has been filed. Deleting posts or messages after the duty attaches can lead to a finding of spoliation of evidence, which is the intentional, reckless, or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding. The safer path for anyone weighing changes to an account is to pause and raise the question with an attorney first.

Can I Access My Co-Parent’s Email or Social Media to Find Evidence in Illinois?

No. Unauthorized access to another person’s email, social media, or digital accounts may violate both federal law (the Computer Fraud and Abuse Act) and Illinois law. Even if you discover damaging information, it may be inadmissible, and you could face criminal liability for obtaining it. The proper approach is to obtain digital evidence through formal legal discovery channels, including requests to produce documents under Illinois Supreme Court Rule 214 and requests for admission of genuineness. Your attorney handles this process to ensure the evidence is obtained lawfully and admissibly.

What types of social media posts tend to affect high-net-worth divorce cases the most?

Posts that contradict what is being claimed in the case tend to carry the most weight. A common example is a party seeking maintenance on the basis of insufficient funds while posting about expensive vacations, which affects credibility. Posts showing extravagant spending, negative comments about a spouse, and content involving the children can all come up in decisions about asset division, spousal support, dissipation claims, and parenting responsibilities.

Can social media affect child custody or parenting time decisions?

Yes. Illinois courts decide parental responsibility and parenting time based on the best interests of the child, and social media content is regularly part of that analysis. The parent article gives the example of a parent posting a photo or video taken while driving with a child in the car, which raises questions about the child's safety. Negative comments about a spouse, which the article identifies as a common social media misstep in divorce, can also come up in custody decisions.

What should I do if my spouse is harassing or threatening me online?

Illinois law treats digital harassment as a serious issue, and several remedies may be available depending on the nature of the conduct. Orders of protection are available for harassment, threats, stalking, and intimidation, and can require the other party to stay away from the protected person's home and workplace and to stop contact. Preserving the content helps support any of those paths, which generally means saving timestamped screenshots that show the username, the content, and the date, along with the original posts or messages where possible. Responding publicly or retaliating online tends to complicate the situation, because that activity becomes part of the record too. An attorney can help identify which remedy fits the situation.

Can posting about a new relationship affect spousal support?

It depends on what the posts show. Whether someone is paying or receiving support, the issue that affects maintenance in Illinois is not dating a new partner. Illinois law terminates maintenance when a person cohabits with another on a resident, continuing, conjugal basis, meaning they live together on an ongoing basis as if they were a married couple. Factors that tend to show cohabitation include sharing a residence, sharing finances or household bills, traveling together, and spending holidays together. Social media activity is part of what courts look at, including relationship status changes and posts that suggest the two people function as a household. Posts from the new partner and posts tagged by friends or family count the same as anything the parties post themselves.

How can I protect myself on social media during a divorce without deleting everything?

A few adjustments make a difference. Reviewing privacy settings and removing connections not recognized are the baseline, which the parent article covers. Beyond that, reviewing what others can post, disabling tagging where possible, and turning off location tagging on photos are worth considering. Pausing new posts about finances, travel, the children, the case, or a spouse, and leaving existing content in place are the adjustments that tend to serve clients best.

Jessica Marshall, Author at Anderson Boback & Marshall

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Author: Jessica Marshall

Social Media Missteps in High-Net-Worth Divorce Cases: Avoiding Costly Mistakes

How Social Media, Text Messages, and Digital Evidence Can Affect Your Illinois Custody Case

Dividing Retirement Accounts in Divorce: A Comprehensive Guide for Illinois

Alternatives to Divorce for Older Couples (Gray Divorce): Exploring Your Options

Back to School Issues for Divorced Parents in Illinois

How Can I Enforce a Court Order Against My Ex?