Social Media Red Flags That Can Sink Your Case –
Your Instagram posts could be worth thousands in your divorce settlement. In our Los Angeles practice, we’ve seen social media destroy more cases than virtually any other factor. Here’s what the courts are looking for in 2025 – and how to protect yourself.
How LA Family Courts Use Social Media Evidence
Top 5 Types of Posts That Hurt Cases
1. Lifestyle Contradictions
– Claiming poverty while posting Maui vacations
– “Casual” photos showing hidden assets (luxury watches, cars)
2. Parenting Time Discrepancies
– Dating app activity during custodial time
– Boozy brunches when supposedly caring for kids
3. Relationship Timeline Evidence
– Metadata proving pre-separation infidelity
– Deleted (but recoverable) posts about new partners
4. Financial Revelations
– Crypto brags that contradict disclosures
– Business “humblebrags” about record profits
5. Emotional Ammunition
– Ranting about your ex (yes, even in private groups)
– “Vaguebooking” about legal troubles
Real Example: A client’s $1.2M spousal support claim collapsed when we subpoenaed her OnlyFans revenue records.
2025-Specific Dangers
1. AI-Generated Content Risks
– Fake screenshots created with ChatGPT
– Deepfake voice recordings
– “Edited” financial documents
Our Protocol: We work with digital forensic experts to authenticate evidence
2. Ephemeral Content Traps
– Courts now accept archived:
– Instagram/Snapchat Stories
– Disappearing WhatsApp messages
– Edited TikTok captions
3. Metaverse Complications
– NFT purchases as undisclosed assets
– Virtual real estate holdings
– Crypto wallet activity
7 Smart Social Media Rules During Divorce
1. Assume Everything Is Discoverable
(Including DMs and “private” accounts)
2. Don’t Delete Existing Content
(Preservation orders can make this illegal)
3. Change All Passwords
(Shared devices/iCloud accounts are evidence goldmines)
4. Tell Friends Not to Tag You
(Their posts are fair game too)
5. Review Metadata
(Location tags, timestamps matter)
6. Pause Dating Apps
(Or at least don’t discuss your divorce there)
7. Consult Us Before Posting
(We’ll red-flag problematic content)
When Social Media Helps Your Case
Strategic posts can actually support claims about:
– Active parenting involvement
– Financial hardship realities
– Ex-spouse’s contradictory behavior
Pro Tip: We coach clients on “court-friendly” posting when beneficial
Los Angeles Court Trends
Judges are:
✔ More tech-savvy than ever
✔ Willing to order full device forensic exams
✔ Increasing penalties for deleted evidence
How We Handle Digital Evidence
✅ Early Social Media Audits (Find damaging content first)
✅ Forensic Preservation (Before it disappears)
✅ Counterintelligence (Managing your online footprint)
✅ Expert Witnesses (To authenticate/explain tech issues)
“My ex’s deleted Venmo transactions showed $12k in hidden poker winnings. Hayat got them admitted anyway.”
— Recent Client, Marina del Rey
Get Ahead of Digital Dangers
Don’t let a careless post cost you custody or assets. Call (310) 917-1044 for a social media risk assessment today.
