In today’s digital world, social media plays a major role in how people communicate, share their lives, and express opinions. But during a family law case, what you post online can have serious legal consequences. Many people are surprised to learn that social media posts can be used as evidence in Missouri family law cases — including divorce, child custody, and child support matters. Understanding how these social media posts can be used against you is crucial.
If you are involved in a family law case in St. Louis County, understanding how your online activity may be viewed by the court is critical to protecting your rights and your future.
Are Social Media Posts Admissible in Missouri Family Law Cases?
Yes. In Missouri, social media posts can be admissible evidence if they are relevant and properly authenticated. Courts regularly allow content from platforms such as:
It’s important to recognize that social media posts can be used against you, so think carefully before posting. Social Media Posts Be Used Against You.
- X (formerly Twitter)
- TikTok
- Snapchat
- LinkedIn
Even posts you believe are private may still be accessible through discovery, screenshots, or testimony from others who can view your content.
How Social Media Is Used in Divorce Cases
In divorce proceedings, social media posts are often used to challenge credibility or contradict financial claims. Examples include:
- Photos or posts showing lavish spending while claiming financial hardship
- Posts that contradict sworn statements about income, assets, or lifestyle
- Evidence of romantic relationships that may impact negotiations or disputes
In cases involving hidden assets or financial deception, social media can sometimes reveal spending habits or assets that were not disclosed.
Social Media and Child Custody Disputes
Social media evidence is especially common in child custody cases. Missouri courts determine custody based on the best interests of the child, and online behavior can factor into that analysis.
Examples of posts that may raise concerns include:
- Content suggesting excessive alcohol or drug use
- Posts showing unsafe environments for children
- Public arguments involving the other parent
- Negative or disparaging comments about the child or co-parent
Even posts made in frustration or intended as jokes can be taken out of context and used to question parenting judgment.
Can Deleted Posts Still Be Used?
Many people assume deleting a post eliminates the risk. That is often not true.
Deleted social media posts may still be:
- Captured in screenshots
- Retrieved from backups or synced devices
- Preserved by third parties
- Recoverable through digital forensics in some cases
Additionally, intentionally deleting posts after a case has begun may be viewed as spoliation of evidence, which can result in court sanctions or damage to your credibility.
Private Messages and Direct Communications
Private messages, texts, and direct messages on social platforms are not automatically protected. If messages are relevant to issues such as:
- Parenting ability
- Financial disclosures
- Harassment or threats
- Violations of court orders
They may be requested during discovery and used in court.
What You Should (and Should Not) Do on Social Media During a Case
If you are involved in a divorce or custody case in St. Louis County, consider these general guidelines:
What to avoid:
- Posting about your case, your spouse, or your children
- Sharing photos of parties, vacations, or major purchases
- Venting frustrations or making emotional statements
- Assuming “private” settings offer full protection
What to do:
- Limit or pause social media use during your case
- Review privacy settings carefully
- Assume anything you post could be seen by a judge
- Speak with your attorney before posting if you are unsure
Why Legal Guidance Matters
Social media evidence is increasingly common in Missouri family law cases, and its impact is often underestimated. An experienced St. Louis County family law attorney can:
- Advise you on how to protect yourself online
- Evaluate whether social media evidence may be used against you
- Respond effectively if damaging content is introduced
- Help ensure your case is presented accurately and fairly
Speak With a St. Louis County Family Law Attorney
If you are involved in a divorce, custody dispute, or other family law matter and are concerned about how social media may affect your case, the attorneys at Rogers Sevastianos & Bante LLP can help.
Our firm represents clients throughout St. Louis County and across Missouri, providing clear guidance and strategic advocacy in complex family law matters.
Contact Rogers Sevastianos & Bante LLP to schedule a consultation with a St. Louis County family law attorney.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.