Social media is a public forum. Anything that is posted publicly and can be accessed by anyone may be allowed as evidence in court. This is true both for criminal court and for family court. These posts are part of the public domain as soon as they are made, and so they are not excluded.
Would you want to use them? Certainly, there can be a lot of cases in which social media posts that your spouse made may help as you navigate the divorce process. You also want to be very careful what you post yourself, and it may be wise simply not to talk about your divorce on social media at all.
How could this evidence help?
One way in which this could be useful is if you believe that your ex could be dangerous to the children. Perhaps they have made angry social media posts, or they frequently post about guns and other violent topics. Maybe they’ve even threatened you online, leaving a written record of these intimidation tactics. The court wants to provide children with a safe living space, so any evidence of potential danger plays a big part in child custody decisions.
Social media could also help with asset division. Maybe your ex hasn’t fully disclosed all of the assets that they own to the court, and you know it. But they have posted pictures of some of those assets – such as expensive art collections or luxury vehicles – on their social media profiles. People share many things, and you never know how that’s going to play into the divorce proceedings.
As you go through this process, it may become complicated. Take the time to carefully look into all of your legal options.