Divorce brings out the worst in all of us. Unfortunately, in a digital age, the worst of us remains online indefinitely.

If you freaked out at your ex online, you’re in big trouble — records of your explosion could be used against you in court. It’s time to exercise damage control. These tactics will help you make the most of a bad situation:

Don’t Delete Your Account Just Yet

You’re mortified by your social media excess and eager to make it all go away. It would be so simple to press the ‘delete’ button. Proceed with caution. The damage has already been done. Tamper with your post (or worse, delete your account altogether) and you could be accused of ‘spoliating’ the evidence. Once you doctor published content, you’ll give the impression that you have something to hide. Your efforts could even lead to sanctions. Don’t edit or delete anything until you’ve consulted with your attorney.

Even accidental changes can cause problems. For example: in Katiroll Company, Inc. v. Kati Roll and Platters, Inc., the court claimed technical spoliation when a defendant merely changed his profile picture. Given the ease with which you can commit spoliation, it’s best to ask your attorney for guidance when in doubt.

Don’t Follow Up on Social Media

Want to make a bad situation worse? Keep the flood of information going on Facebook. Your efforts to smooth things over may actually harm your case. Don’t apologize online or try to explain your previous post.

Plan For Your Social Media Future

Learn from your mistakes. Don’t post anything else about your divorce. Other posts to avoid:

  • Any mentions of dating adventures or new relationships
  • Anything that suggests you have a lot of disposable income (such as images of new cars or pricey vacations)
  • Content that indicates your irresponsibility as a parent
  • Don’t lash out at former in-laws

The Brown Law Offices, P.A. team offers valuable insight into social media strategy during your divorce. Don’t let Facebook destroy your legal outcome — seek legal feedback at your earliest convenience.

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Photo of Cynthia J. Brown Cynthia J. Brown

“Some lawyers play a lot of games. That’s not my approach. There is a lot of gray area in the law, but I try to keep things relatively straightforward for my clients. That way, we can all focus on what’s really important: getting…

“Some lawyers play a lot of games. That’s not my approach. There is a lot of gray area in the law, but I try to keep things relatively straightforward for my clients. That way, we can all focus on what’s really important: getting matters settled fairly and cost-effectively. We’re certainly ready to litigate, but favor empowering clients to control the outcome of their case.”

Cynthia is a founding partner with the Brown Law Offices, P.A. She is a graduate of the University of South Dakota and William Mitchell College of Law. She publishes extensively on divorce and family law issues.

Cynthia Brown was admitted to practice in 1998. After graduating from law school, Cynthia served as the law clerk to the Honorable Timothy R. Bloomquist, retired Chief Judge of Minnesota’s Tenth Judicial District. Upon completing her clerkship, Cynthia practiced family law with a well-known firm in Cambridge, Minnesota. She founded the Brown Law Offices, P.A., in 2003.

Early in her career, Cynthia served as a prosecutor and public defender. In the last decade, however, Cynthia’s practice has focused primarily on family law. She has handled a wide variety of matters throughout the Twin Cities, and greater Minnesota, including divorce, custody, child support, alimony, paternity, step-parent adoption, harassment and grandparent rights.

Cynthia publishes extensively on divorce and family law issues. She is a contributing author to the Family Law Forum, the quarterly publication of the Family Law Section of the Minnesota State Bar Association. Cynthia also writes a bi-monthly family law column for the Minnesota Lawyer newspaper, and monthly articles for Divorce Magazine.

Cynthia obtained her Bachelor’s Degree, magna cum laude, from the University of South Dakota, Vermillion, and her Juris Doctorate from the William Mitchell College of Law in St. Paul.

Cynthia founded the Amigos de Guatemala Foundation in 2007. She is a former Board Member and President of the Foundation, which provided educational, health and financial resources to underprivileged Guatemalan citizens. Her interest in serving the impoverished began with a medical mission trip to Honduras in 1994.

When she is not practicing law, Cynthia enjoys scrap-booking, soap-making, beading and spending time with family. She and her husband, Jason, also an attorney, have two children.