Updated September 16, 2026. This article has been revised for California readers.
Online posts and messages can create issues during a divorce or parenting dispute. A photograph, comment, or conversation may be raised in connection with disputed facts. The safest approach is to communicate thoughtfully and speak with counsel about preserving relevant information.
Pause before posting about the dispute
Avoid publishing arguments, accusations, confidential legal discussions, or details about children’s private lives. Even a restricted audience can copy or share a post. Consider whether the message serves a practical purpose before sending it.
Preserve information rather than editing the record
If material may be relevant to your case, ask your attorney how to preserve it. Do not delete or alter potentially relevant posts or messages to keep them from being used. A screenshot may be useful, but context, dates, and the original record may also matter.
Keep evidence questions separate from assumptions
A post is not automatically proof of a claim, and not every online statement will be admitted in court. Relevance, authenticity, and other evidence rules matter. Give counsel the complete context, including information that may seem unfavorable to you.
Respect account privacy
Do not guess passwords, impersonate another person, or enter someone else’s account without authorization. Ask counsel about lawful ways to obtain relevant records. Protect your own accounts and discuss shared-device or account-access concerns when planning next steps.
Keep parenting communication practical
Use a clear channel for schedules, school information, and other necessary messages. Avoid involving children or friends in online arguments. Continue to follow any court orders about contact or communication.
Bring questions early
If you are concerned about a post or message, raise it during your consultation rather than trying to resolve the issue online. Our firm helps clients consider communication and documentation as part of the broader family law strategy.
California Courts: relevant evidence in a divorce trial
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