Can Social Media Be Used Against Me in a Texas Divorce?

 Posted on July 18, 2025 in Divorce

Social media can quickly complicate the divorce process, often in ways that may surprise you. Whatever you post online, even things you think are harmless, could come back to haunt you in court. A Hurst, TX divorce lawyer can help you understand how your online presence can impact everything from how property is divided to child custody decisions. 

Is Digital Content Admissible in Texas Family Courts?

Social media content is generally admissible in Texas family courts if it is relevant and legally obtained. According to Rule 401 of the Texas Rules of Evidence, evidence is considered relevant if it makes a fact more or less likely than it would be without the evidence. In practice, this means a photo of a lavish vacation posted during a divorce could raise questions about hidden assets or spending habits. However, note that Rule 901 requires proper authentication of digital content. A spouse would need to prove that the social media account truly belongs to you and that the content has not been altered. 

Additionally, Texas Family Code § 6.001 allows courts to grant divorce based on insupportability, often called a "no-fault" divorce. However, even in no-fault cases, digital content showing misconduct, like affairs or reckless behavior, can influence property division or other decisions. Courts may consider this evidence to decide what is fair.

How Can Social Media Impact Finances During a Texas Divorce?

Financial matters in a divorce are often tense, and social media posts can complicate them more. For example, if a spouse claims that they have financial struggles, they might weaken their position if they post photos of expensive purchases or trips. Courts look closely at spending patterns when dividing marital property under Texas Family Code § 7.001, which states that property should be divided in a way that is just and right. Posts showing significant spending could affect how the court views a fair split of assets and debts.

Similarly, posts bragging about business successes or side income can reveal money sources that were not previously disclosed. In a divorce, failing to disclose assets or income could damage credibility and potentially lead to an unequal property division.

How Can Social Media Affect Custody During a Texas Divorce?

Custody battles are arguably the most emotional part of divorce. Social media can play a big role in shaping the court’s view of a parent’s character and lifestyle. If you litigate custody through the court, the judge will make their decision based on what is in your child’s best interest, as outlined in Texas Family Code § 153.002. Posts that could make you look like you are engaging in dangerous behavior, excessive partying, or poor judgment can be used to question your parental fitness. 

Even casual posts can be misinterpreted. A single photo of a night out with friends could be painted as evidence of neglectful parenting if taken out of context. Judges have to evaluate what environment best supports your child’s physical and emotional needs. Social media can provide information that influences that decision.

Contact a Hurst, TX Divorce Attorney for a Free Consultation

Navigating a divorce in the digital world requires caution. Before posting anything online, consider how it could be interpreted in court. For guidance tailored to your situation, speak with a Tarrant County, TX divorce lawyer at Daniel R. Bacalis, P.C.. Call 817-498-4105 today to schedule your free consultation. We will discuss how to handle social media during your divorce.