Latest / Family Law Talk / Unfriend or Unfollow? Social Media During Divorce
Transcript
- 0:01Speaker 1: Welcome to Family Law Talk. Family Law Talk. Presented by
- 0:05Speaker 1: Kirk Stangee of Stangee Law Firm, P.C. Stangee Law Firm
- 0:10Speaker 1: is a multi-state family law firm. Now, here's your host,
- 0:15Speaker 1: Kirk Stangee.
- 0:18Speaker 2: Welcome to Family Law Talk. We have an interesting topic today.
- 0:20Speaker 2: The topic is unfriend or unfollow, social media during divorce.
- 0:26Speaker 2: And this episode today is based on an article on
- 0:28Speaker 2: our blog, familylawheadquarters.com, dated September 20th, 2026. And the title
- 0:35Speaker 2: of that article is, Should You Prune Your Social Media
- 0:38Speaker 2: Friends During a Divorce or Family Law Case? So as
- 0:42Speaker 2: a follow-up to the episode, go on over to familylawheadquarters.com
- 0:46Speaker 2: and read this article for more information. But let's go
- 0:48Speaker 2: ahead and jump on into the topic at hand. When
- 0:52Speaker 2: divorce or family law litigation begins, the question is whether
- 0:57Speaker 2: it makes sense to go through the friends or the
- 0:59Speaker 2: followers list and determine whether some of these individuals should
- 1:03Speaker 2: be removed. Obviously, lots of individuals use social media. Some
- 1:09Speaker 2: individuals post more personal stuff on their social media accounts,
- 1:13Speaker 2: and maybe they have regular updates where they're on their
- 1:15Speaker 2: daily putting stuff up there. Other individuals may be more
- 1:19Speaker 2: casual with their social media use. Maybe they post infrequently,
- 1:24Speaker 2: and when they do, it's generally not something sensitive or personal.
- 1:30Speaker 2: in nature. So we kind of get into this dichotomy
- 1:32Speaker 2: of how somebody uses social media. Some individuals might not
- 1:37Speaker 2: have a whole lot of friends on their social media accounts.
- 1:40Speaker 2: Maybe it's just close friends or family members. Some individuals, though,
- 1:45Speaker 2: might have lots of friends or followers. They might be
- 1:49Speaker 2: friends or followers with co-workers, distant acquaintances, maybe people they
- 1:55Speaker 2: went to school with or college with a long time ago.
- 1:59Speaker 2: It could be neighbors, old neighbors. It could be the
- 2:02Speaker 2: parents of the children's friends. It could be people just
- 2:07Speaker 2: in general that you knew from the past, but you
- 2:10Speaker 2: rarely speak with anymore. So some individuals might have many
- 2:14Speaker 2: hundreds of friends or followers or even thousands. So when
- 2:18Speaker 2: we get into this topic, it's obviously going to vary.
- 2:22Speaker 2: based on how many friends or followers somebody has and
- 2:26Speaker 2: whether somebody's posting frequently and it's sensitive information versus somebody
- 2:30Speaker 2: who doesn't post a whole lot. And just know this
- 2:32Speaker 2: as well, this isn't about being petty. When we talk
- 2:36Speaker 2: about removing friends or followers, it's really about being prudent
- 2:40Speaker 2: when going through litigation in the family court because social
- 2:45Speaker 2: media is real access in a lot of ways, particularly
- 2:49Speaker 2: with individuals who post a lot of personal stuff on
- 2:53Speaker 2: their social media accounts. I mean, they could post photographs.
- 2:57Speaker 2: They could have lots of comments. They could have posts
- 3:00Speaker 2: about family trips and activities they're on. They could have
- 3:04Speaker 2: posts about interactions with close friends or family members, or
- 3:07Speaker 2: maybe with individuals they're now dating, something like that. And
- 3:14Speaker 2: so these posts can be sensitive. And the truth is,
- 3:18Speaker 2: A photograph can be screenshotted easily and then given to
- 3:22Speaker 2: the other party or the soon-to-be ex-spouse. A post can
- 3:26Speaker 2: be forwarded. Comments can be repeated. Maybe photos that weren't
- 3:32Speaker 2: meant for the whole world to see are all of
- 3:34Speaker 2: a sudden disseminated to the other party or your soon-to-be ex,
- 3:39Speaker 2: and then maybe that communication or the post is going
- 3:42Speaker 2: to their attorney or guardian ad litem, and the judge
- 3:45Speaker 2: ends up saying it. So individuals just have to be
- 3:48Speaker 2: careful because social media is access. And really think about
- 3:55Speaker 2: the offline equivalent. Would you go to lunch or hang
- 4:00Speaker 2: out with your soon-to-be ex's close friends or family members?
- 4:06Speaker 2: Probably not. I mean, you wouldn't go hang out with
- 4:09Speaker 2: your soon-to-be ex's really close friends or family members, and
- 4:13Speaker 2: you certainly wouldn't tell them intimate details of your life
- 4:18Speaker 2: and show them photographs and tell them where you went
- 4:21Speaker 2: on vacation or what your plans are. I mean, most
- 4:24Speaker 2: individuals would never do that with individuals who are very
- 4:27Speaker 2: close to the other party or the soon-to-be ex. I mean,
- 4:32Speaker 2: that's just the truth. So if you're putting a lot
- 4:34Speaker 2: of sensitive and personal information on your social media accounts
- 4:39Speaker 2: and close friends and family members of the other party
- 4:42Speaker 2: or the soon-to-be ex are able to see these and
- 4:44Speaker 2: access it, it's the equivalent. of going to lunch with them,
- 4:47Speaker 2: hanging out with them, and really telling them everything. These
- 4:52Speaker 2: mutual friends can become a pipeline. And I'm not saying
- 4:56Speaker 2: everybody does this. A lot of individuals want to stay
- 4:59Speaker 2: out of it. But it could just happen where somebody's
- 5:03Speaker 2: forwarding a post, a comment, a photograph. They're giving it
- 5:09Speaker 2: to the soon-to-be ex or the other party, and then
- 5:11Speaker 2: it's being passed around. And then it can create this pipeline.
- 5:17Speaker 2: You know, hey, what's my husband or wife doing? Who
- 5:21Speaker 2: are they hanging with? Have you seen anything on their
- 5:24Speaker 2: social media page? And these kinds of things. And so,
- 5:28Speaker 2: you know, that could be problematic when going through a
- 5:31Speaker 2: divorce or family law matter. So for individuals who are
- 5:36Speaker 2: posting a lot and it's sensitive content, it's stuff they
- 5:41Speaker 2: wouldn't want, their soon-to-be ex or the other party to see,
- 5:46Speaker 2: they really need to think about going through their entire
- 5:49Speaker 2: friend or contact list or follow list and deciding who
- 5:56Speaker 2: do they want to keep as friends or followers and
- 5:59Speaker 2: who should they remove. And obviously this is going to
- 6:03Speaker 2: be a situation-by-situation thing, but a lot of these individuals
- 6:10Speaker 2: at the end of the day You know, they're probably
- 6:12Speaker 2: not people you're talking to that much anyway. They're probably
- 6:15Speaker 2: not people you're not that close to. So why keep
- 6:18Speaker 2: them as a friend or follower when going through a
- 6:20Speaker 2: divorce or family law matter? One of the other things
- 6:22Speaker 2: that comes up is, what about Switzerland? Obviously, the country
- 6:26Speaker 2: of Switzerland, known for being neutral, known for not taking sides.
- 6:31Speaker 2: And so when a divorce or family law matter begins,
- 6:33Speaker 2: a lot of people are going to want to be Switzerland.
- 6:36Speaker 2: They're going to want to be friends with both parties.
- 6:38Speaker 2: They're not going to want to take sides. And obviously,
- 6:40Speaker 2: that's okay. it's not necessary for most individuals to take sides.
- 6:46Speaker 2: It's not needed. There's no purpose behind it. But at
- 6:49Speaker 2: the same time, if it's somebody that's equal friends with
- 6:54Speaker 2: both parties going through the divorce or family law matter,
- 6:57Speaker 2: do you really want them on your friend list or
- 7:03Speaker 2: your follow list if you're posting a bunch of sensitive
- 7:05Speaker 2: information that you wouldn't want the other party to see?
- 7:09Speaker 2: I mean, you probably wouldn't. So look, it probably makes
- 7:13Speaker 2: sense in a lot of instances to remove Switzerland from
- 7:16Speaker 2: your friends list. Now, that doesn't mean you still can't
- 7:19Speaker 2: be friends with them. I mean, you can still say hello.
- 7:22Speaker 2: You might have lunch with them someday. You're not mad
- 7:24Speaker 2: at them for not wanting to take a side. But
- 7:29Speaker 2: at the end of the day, do you really want
- 7:30Speaker 2: them seeing your photographs, posts, stories, comments, check-ins, activities, and
- 7:35Speaker 2: other sensitive information while the case is pending? Probably not.
- 7:40Speaker 2: Because it's just risky, particularly if you're the kind of
- 7:42Speaker 2: person who's posting a lot of personal stuff. Likes and
- 7:48Speaker 2: comments can tell you something as well. If there's certain
- 7:51Speaker 2: individuals that are really interacting with the other party's social
- 7:55Speaker 2: media posts, maybe they were doing it before the divorce
- 7:59Speaker 2: was filed or after it was filed, these kinds of things,
- 8:02Speaker 2: and they're commenting all the time, communicating, sharing information with
- 8:06Speaker 2: the other party who could be your soon-to-be ex, I mean,
- 8:09Speaker 2: these individuals, you want to think long and hard about
- 8:12Speaker 2: keeping them on your friend or follow list. Again, this
- 8:15Speaker 2: isn't about loyalty. It's not about taking sides. It's about
- 8:19Speaker 2: access because they can become an information pipeline of sensitive
- 8:24Speaker 2: information that maybe you don't want passed along. Now, true
- 8:28Speaker 2: friends should understand, you know, most true friends, again, you're
- 8:32Speaker 2: not asking them to take sides, but true friends will
- 8:35Speaker 2: be your friend. through the divorce or family law matter
- 8:39Speaker 2: and will probably naturally not want to remain social media
- 8:42Speaker 2: friends with the other party or soon to be ex.
- 8:45Speaker 2: But true friends should really understand this distinction, understand in
- 8:48Speaker 2: divorce and family law litigation that you got to keep
- 8:51Speaker 2: the circle tight and you only want to be social
- 8:54Speaker 2: media friends with those you can wholeheartedly trust. So most
- 9:02Speaker 2: individuals should understand. Another option would be Just posting less
- 9:07Speaker 2: while going through a divorce or family law matter. You know,
- 9:12Speaker 2: a lot of individuals in litigation should not be putting
- 9:15Speaker 2: a lot out there on social media. And if they're
- 9:17Speaker 2: going to put it out there, it should be light.
- 9:20Speaker 2: There should be no way it could be spun in
- 9:22Speaker 2: a negative manner in terms of somebody's, you know, in
- 9:27Speaker 2: terms of how they're doing, in terms of their parenting
- 9:29Speaker 2: skills or whatnot. So posting less is another great path
- 9:33Speaker 2: for a lot of people to take. uh, looking at
- 9:36Speaker 2: privacy settings as well to make sure those are tightened up.
- 9:39Speaker 2: I mean, some individuals on their social media have their
- 9:42Speaker 2: privacy settings removed basically, where anybody and everybody can see
- 9:46Speaker 2: their posts. I mean, a lot of individuals do this
- 9:48Speaker 2: on Instagram, post a bunch of stuff. They got no
- 9:51Speaker 2: privacy settings. Anybody can read them. but posting less turning
- 9:57Speaker 2: up the privacy settings can be another thing but but
- 10:01Speaker 2: look ultimately on social media assume that anything you post
- 10:05Speaker 2: could eventually be seen they could be seen by the
- 10:08Speaker 2: other party who may be your soon-to-be ex-spouse they could
- 10:11Speaker 2: be seen by their attorney the guardian ad litem the
- 10:15Speaker 2: judge and others theoretically, and run everything through that filter.
- 10:20Speaker 2: And if a social media post is not going to
- 10:24Speaker 2: paint you in a positive light while going through litigation,
- 10:27Speaker 2: you probably should think long and hard about even posting it.
- 10:31Speaker 2: And so run everything through that filter of, do you
- 10:34Speaker 2: want this out there while going through a divorce or
- 10:36Speaker 2: family law litigation? Now, let's separate this from cases that
- 10:39Speaker 2: are uncontested, where people are just pushing divorce or family
- 10:43Speaker 2: law paperwork through, and it's by consent. I mean, in
- 10:45Speaker 2: these kinds of instances, you don't need to be as
- 10:47Speaker 2: worried about it. But in a case that's contested, that's
- 10:49Speaker 2: going to be litigated, that may be tried, individuals need
- 10:53Speaker 2: to be careful. And again, it's not about pettiness. It's
- 10:55Speaker 2: about prudence. It's just understanding that social media content can
- 11:02Speaker 2: turn into evidence in court. And for this reason, individuals
- 11:05Speaker 2: should be careful with who they are friends with on
- 11:07Speaker 2: social media, who their followers are, And they should be
- 11:11Speaker 2: careful about what they're putting out there. And they should
- 11:13Speaker 2: be careful about their privacy settings if they don't want
- 11:16Speaker 2: the whole world seeing what it is they're posting. So
- 11:20Speaker 2: definitely an interesting topic. One I wanted to cover today, again,
- 11:24Speaker 2: is a follow-up to the episode today. Go on over
- 11:27Speaker 2: to familylawheadquarters.com. Read the article dated September 20th, 2026. And
- 11:32Speaker 2: the title of the article is, Should You Prune Your
- 11:35Speaker 2: Social Media Friends During a Divorce or Family Law Matter?
- 11:38Speaker 2: So thanks for tuning in today. Stay tuned to our
- 11:41Speaker 2: next episode of Family Law Talk coming up.
- 11:45Speaker 1: Thank you for listening to Family Law Talk with Kirk Stange.
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