Colorado Divorce & Custody: How Social Media Can Help—or Hurt—Your Case
In today’s world, social media is a part of everyday life. Whether it’s posting photos, checking in at restaurants, or sharing life updates, most of us use social media without giving it a second thought. However, when you're going through a divorce or custody case in Colorado, what you post—and what others post about you—can have serious legal consequences.
At Rider Goodwin Law, we’ve seen firsthand how social media can help or hurt a case. In this post, we'll walk you through why social media matters so much during a divorce or custody proceeding, how it can be used as evidence, and how you can protect yourself during this important time.
The Legal Perspective on Social Media in Divorce and Custody Cases
When it comes to divorce and custody cases, social media is not just a personal outlet—it’s potential evidence. Colorado courts allow the use of social media posts as part of the evidence presented at hearings and trials.
Photos, status updates, comments, private messages, hashtags, and even posts you thought were "deleted" or "private" can be scrutinized. Common examples include:
Photos or posts showing expensive purchases during a time when one party claims they cannot afford child support or spousal maintenance.
Comments or photos that suggest a party is engaging in behavior that could affect parenting time decisions (such as substance abuse, partying excessively, or exposing children to unsafe environments).
Posts suggesting a romantic relationship that could complicate financial or custody negotiations.
Captions that talk negatively about your co-parent or conflict happening between the two parents could be used to show a parent’s inability to encourage and support the other parent’s relationship with the children.
It’s important to know: just because your profile is "private" doesn’t mean it’s protected from being used in court. Records can subpoenaed, and opposing attorneys can gain access through legal discovery.
Negative Impacts of Social Media Use
Social media can easily make a difficult situation even worse.
Some common negative impacts include:
Incriminating Evidence: A single careless post can be presented in court to question your credibility, parenting abilities, or financial honesty.
Lifestyle Contradictions: Claiming financial hardship while posting about luxury vacations or new purchases can weaken your case.
Emotional Toll: Seeing posts from your ex-spouse, their friends, or even mutual acquaintances can increase stress, anger, and sadness—making an already emotional time even harder.
Social media doesn’t just affect the adults involved. Children can stumble upon posts or comments that cause confusion, hurt feelings, or loyalty conflicts, which can have lasting emotional impacts.
Social Media as a Tool for Gathering Evidence
Family law attorneys in Colorado, including our team at Rider Goodwin Law, often review social media when preparing for court. Social media can help establish timelines, show patterns of behavior, and support or dispute claims made by either party.
Collecting social media evidence must be done ethically and legally. That means no creating fake profiles to "spy" on someone or hacking into accounts. But publicly available information—or information shared by mutual friends—can legally become part of the court record.
There have been cases where social media played a critical role:
A parent lost primary custody after posting photos showing unsafe behavior around children.
Financial claims were successfully challenged by showing a series of posts about luxury spending.
Guidelines for Social Media Use During Divorce and Custody Proceedings
During a divorce or custody case, it’s wise to be extra cautious about everything you post, comment on, or share online. Here are some practical guidelines:
Avoid posting about your personal life, including new relationships, finances, or your children.
Refrain from criticizing your ex-partner, the court, or any professionals involved in the case.
Do not post about new purchases or vacations until after the case is resolved.
Limit your online activity, and consider taking a break from social media altogether.
Be mindful of what others post about you, and ask friends and family not to tag you or share information related to your case.
Less is more during this time. Protecting your case—and your children—should always be the priority.
Case Studies
Real-world examples show just how powerful social media can be during divorce and custody proceedings:
In one Colorado case, a father’s repeated posts showing him drinking heavily while his children were present were used to modify parenting time.
In another case, a mother's social media timeline provided strong evidence that she had relocated out of state with the children without court approval, which impacted her custody rights.
On the other hand, thoughtful and cautious use—or no use at all—can keep the focus where it should be: on presenting yourself in the best possible light in court.
Expert Opinions
Family law attorneys, including those at Rider Goodwin Law, consistently advise clients to view social media as part of the case strategy. Therapist input also supports this, with many recommending a "social media cleanse" during legal disputes to maintain emotional health.
Social media experts also emphasize: everything online leaves a footprint. Even deleted posts can sometimes be recovered, so acting like your posts will be seen by a judge is a smart approach.
If you're unsure whether something is safe to post—don't post it.
Conclusion
Social media is a powerful tool, but during a divorce or custody case, it can quickly become a major risk. Being mindful, cautious, and selective about your online activity can make a significant difference in the outcome of your case.
If you’re going through a divorce or custody dispute and want advice about how to protect yourself both in and out of the courtroom, our experienced team at Rider Goodwin Law is here to help.
Call us today at 303-728-4271 to schedule a consultation. We’re committed to guiding you through the legal process with care, strategy, and strength.