What Happens to Social Media Evidence in Kissimmee Divorce Proceedings?

Can Social Media Be Used in a Divorce Case?

Humans are social creatures. Social media has only allowed us to interact more with others. As of 2025, about 75% of Americans regularly use Facebook alone. By 2029, the number of Americans using one or more social media platforms is expected to rise to 326 million, or over 90% of the total population. For many, social media is a way to connect with other people with whom users would not usually have the opportunity to engage. It allows individuals to share life updates and family photos and achieve a greater sense of connection in an increasingly disconnected world. However, the way people use social media can also pose a potential threat to their future health and happiness. This is especially true in a divorce case.

Despite a recent downward trend, Florida still has one of the highest divorce rates in the United States. Many of these divorces are termed uncontested divorces. This is when both parties agree that a marriage should end and work to dissolve their union legally. In many cases, an uncontested divorce can be completed in as little as one or two months. However, in other instances, a divorce may not be amicable. This is what is called a contested divorce.

A contested divorce requires the parties to negotiate with one another and reach a settlement ending their marriage. This often involves negotiating over asset ownership, child custody and support, alimony, and more. In a contested divorce, it becomes essential for each spouse to present evidence for why they might be better suited as a parent or why they are entitled to spousal support. Depending on the circumstances of the case, social media can become a key component of a divorce. Evidence from one or both partners’ social media can influence the outcome of a divorce case. This is why if you or a loved one are going through a divorce in Florida, you should contact one of our team’s ace attorneys.

What Kind of Material from Social Media Can Be Presented in a Divorce?

Almost any material from social media can be presented during a divorce. This includes, but is not necessarily limited to:

• Text Content of Posts, Tweets, etc.
• Text Content of DMs and Private Messages
• Photos
• Videos
• Sound Clips

Many people have their profiles set to “public,” which allows anyone to access the information there. This usually includes the ability to save material from someone’s social media.

Even if a person has their social media set to “private,” information obtained from their pages can potentially be entered into evidence. For example, suppose someone were having an affair and posting about it to Facebook, but their profile was set to private. If someone from that person’s friends list who was authorized to view their profile saved photos and other evidence, this could be entered into evidence. As a cautionary saying goes, “Once it’s on the internet, it’s there forever.”   

How Can Social Media Impact a Divorce?

This can be potentially harmful to one or even both sides’ cases. For example, in the event a couple is attempting to settle child custody arrangements, one partner’s attorney may introduce photos or videos from social media showing the other partner behaving irresponsibly. This can include evidence of binge drinking, risky behavior, or even criminal conduct. This can help paint a picture of that partner as unsuitable to share child custody.

In other instances, evidence from social media can paint a negative picture of one partner that diminishes their standing in the eyes of the court. For example, Florida is a no-fault divorce state. This means that, unlike in some other states, neither partner needs a reason for a divorce. Not wanting to be married any longer is the only reason someone needs for a divorce. However, a divorce attorney can present evidence of one partner’s negative behavior to demonstrate why their client deserves a better outcome.

Suppose someone was carrying on an extramarital affair that led to the dissolution of a relationship. If that partner posted evidence of the affair to social media, this could be admissible at trial. That evidence could influence a judge to grant the other partner a more favorable settlement. Depending on the circumstances of the affair, it could even potentially impact child custody if the unfaithful partner engaged in reckless, dangerous, or even criminal behavior, such as drug use.

It’s important to remember that either party can use the other’s social media content against them. This could result in a situation where both parties present material from social media to use against the other. Depending on what is shown, the results could be disastrous. This is why if you or a loved one are going through a divorce, it’s imperative you contact one of our experienced attorneys.

What Should I Do if I’m Going Through a Divorce and Worried About Social Media?

Social media is a fantastic tool for communication. It can also prove to be vital in certain divorce cases. If you or a loved one are going through a divorce and are either worried about your social media or believe your partner’s social media content is vital to your case, call the Law Office of Erin Morse today. Our firm believes in taking creative, original approaches to family law. Family transitions such as divorces are complex, challenging situations that require a compassionate heart and a dedicated mind. Our attorneys approach every case like it’s their only case. Our team isn’t satisfied until they’ve crafted the perfect, custom-made approach for each client and gotten them the desired results. We believe in actively improving our clients’ lives through our representation so that they can go on to enjoy happy, healthy futures.

Starting over can be difficult. With the Law Office of Erin Morse on your side, divorce doesn’t have to be. If you or a loved one are going through a divorce and believe social media may be a factor in your case, call one of our team today at 407-900-7451 to schedule a consultation.