Yes. Social media posts can be used as evidence in a South Carolina divorce when they’re relevant to the case and meet the requirements for admissibility. Online activity can support or contradict claims made during the divorce, but a single post won’t determine the outcome of your case.
If you’re concerned about something you or your spouse posted online, Query Sautter & Uricchio LLC handles divorce cases in Charleston and throughout South Carolina. Knowing when social media can become evidence and how to handle your accounts during a divorce can help you protect your case.
How Can Social Media Affect a South Carolina Divorce?
Social media can become relevant when your online activity supports or contradicts an issue being disputed in your divorce. For example, a post that conflicts with what you told the court could be presented as evidence by your spouse.
The content must be relevant and satisfy South Carolina’s rules of evidence. Under Rule 901 of the South Carolina Rules of Evidence, evidence must also be authenticated before it can be admitted.
Social Media Can Influence Child Custody Decisions
Child custody decisions in South Carolina focus on the best interests of the child. Section 63-15-240 of the South Carolina Code directs courts to consider factors such as each parent’s ability to meet the child’s needs when deciding custody.
For example, posts showing unsafe behavior around the child or disparaging the other parent could become relevant to a custody dispute.
An Adultery Claim May Include Social Media Evidence
Adultery can have significant consequences in your South Carolina divorce, especially if alimony is at issue. Posts or messages suggesting an extramarital relationship can be used alongside other evidence to support an adultery claim.
This is especially important because Section 20-3-130 of the South Carolina Code prohibits a spouse from receiving alimony if adultery is proven before a final marital agreement or court order. If social media raises questions about an alleged relationship, the court will consider that content along with the other evidence in the case.
Deleting Social Media Posts Could Harm Your Case
Deleting posts during a divorce isn’t always the best way to protect your case. Screenshots or copies may already exist, and deleting relevant content after a legal dispute has begun could make it appear that you were trying to remove evidence.
Before deleting anything from your social media accounts, consider speaking with a divorce attorney. A lawyer can explain what content you should keep and how to handle your accounts during the divorce.
Protect Your Rights During the Divorce Process
What you share online can affect your divorce case. Before posting or deleting content, consider how it could be used in court and whether you should speak with an attorney first.
You don’t have to make these decisions without legal guidance. Our team at Query Sautter & Uricchio LLC is here to answer your questions and help you protect your interests throughout your divorce. Schedule your initial consultation or call 843-795-9500 to get started.