The impact of social media on divorce cases

Randall Kessler

By Randall Kessler, Founding Partner at Kessler & Solomiany Family Law Attorneys

Updated January 15, 2025

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So social media is hard, especially if you’re somebody who makes a living on social media and you are an influencer. We’ve represented reality TV stars. There’s no way they’re going to not be on social media. In fact, the divorce is part of their story and part of their lifeline and part of how they make a living. So I know that they’re going to talk about it. But putting those aside for the moment, the average person, it’s not just not being on social media, not bragging about yourself or badmouthing your spouse. It’s what you’re tagged in. Think as if a judge is sitting next to you at all times. Think it’s like when I grew up, I learned not to speed because my parents told me, when you’re driving, pretend there’s a police officer right next to you or behind you wherever you go.

Pretend there’s a private investigator watching you wherever you go. So don’t do stupid stuff. But if you do stupid stuff, don’t advertise it. It’s not fun, it’s not funny, and somebody’s going to take it out of context. And I’ll tell you stuff that every parent does. Every parent might say, all right, you’re only 16 years old, but I’m going to let you taste vodka just to show you how bad it is. That’s normal. But when you’re on social Media Letting your 16 year old drink vodka, it’s taken out of context. Stay off of social media if at all possible, or if you’re on social media, keep it about business, keep it clean, keep it friendly. And more importantly than you being off social media is please ask your friends not to post things about you without your permission.

And if you really want, I’ll be your conduit. You can call me and say, can I do this? It’s a lot of money to pay me to ask, can I post this? But again, it’s the measure twice, cut once, think twice before you post. It’s really easy to take a video, post it on social media and then realize maybe that wasn’t the best look. Maybe it’ll get taken out of context. So think twice, act once.

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