The Impact of Social Media on Divorce Proceedings in North Carolina 

An updated look at how digital evidence shapes modern divorce

When GHMA LAW first published guidance on the risks of social media during divorce, platforms like Facebook and Instagram were the main concern. But in the years since, the digital landscape has evolved dramatically. Today, courts and attorneys increasingly draw evidence from Snapchat, WhatsApp, TikTok, Venmo, dating apps, and even neighborhood platforms like Nextdoor. Doorbell camera footage, shared calendars, and messaging apps can all leave digital breadcrumbs that become relevant in family court. And it’s no longer just your posts that matter — the content shared by friends, new partners, or even teenagers can make its way into the record.

As digital communication becomes more embedded in our lives, understanding how these tools intersect with divorce proceedings is essential. Whether you’re posting, tagging, messaging, or simply being recorded in someone else’s content, your digital footprint could impact everything from custody to asset division.

Social Media as Evidence in North Carolina Divorce Cases

North Carolina courts allow the use of social media content as evidence — provided it is lawfully obtained and relevant to the matter at hand. That means screenshots, posts, comments, tagged photos, timestamps, and location check-ins can all be introduced in court. Deleted content is not necessarily gone forever; opposing counsel may request records, or forensic tools may be used to recover it.

Attorneys often use social media to:

• Challenge credibility or expose dishonesty
• Document substance abuse or inappropriate behavior affecting custody
• Show hidden assets or lavish spending during separation
• Demonstrate parenting choices or co-parenting conflicts
• Undermine claims for alimony or spousal support

A single post or message can shift the tone of a negotiation — or derail it entirely.

Custody, Conduct, and Character

In custody disputes, a parent’s online behavior may be scrutinized as a reflection of their judgment and capacity to care for a child. A seemingly harmless party photo, disparaging comment, or late-night rant can be used to question fitness or co-parenting ability. Likewise, posts that depict or suggest drug use, unsafe environments, or emotionally volatile conduct may carry significant weight in court.

It’s not just about what you post, but what others post about you. If you’re tagged in a photo or appear in someone else’s content, it may still become part of the court record.

Financial Disclosures and Digital Contradictions

Social media often tells a different story than formal financial affidavits. A person who claims to be struggling financially but posts about a new car, vacation, or luxury purchase could raise red flags. In equitable distribution or spousal support matters, inconsistencies between what’s reported and what’s shared online may undermine credibility — or suggest attempts to conceal assets.

Best Practices for Social Media Use During Divorce

If you are going through a divorce in North Carolina, the safest approach is to pause your social media activity altogether. However, if you continue to use social platforms, consider these guidelines:

• Avoid discussing the divorce, your ex, or the court process online
• Do not post photos or updates that could be misinterpreted
• Review your privacy settings, but do not rely on them as protection
• Assume anything you post may be seen by a judge
• Avoid deleting content without speaking to your attorney — it could be seen as destroying evidence
• Consider how each post reflects on your credibility, parenting, and conduct

When in doubt, don’t post. Social media may offer emotional relief, but it is rarely worth the legal risk.

Key Takeaways

• Social media content is routinely used as evidence in NC divorce cases
• Posts can influence custody, alimony, and property division
• Privacy settings do not prevent your content from being used in court
• Best practice: pause or limit all online activity during your divorce
• Always consult your attorney before deleting, posting, or responding to sensitive content

GHMA LAW: Smart Divorce Counsel for the Modern Age

At GHMA LAW, we understand that today’s divorces often unfold both in and out of the courtroom — and sometimes on screen. Our board-certified family law specialists know how to use digital evidence strategically while protecting our clients from costly missteps. If you’re facing separation or divorce in North Carolina, trust the team that brings experience, discretion, and digital-age strategy to every case.