In nearly every contested family case today, someone eventually prints out a post, a photo or a text thread. That is as true in New Braunfels and Comal County as anywhere else in Texas. A smiling vacation photo, a sarcastic comment or a late-night message can end up as an exhibit in a divorce or custody hearing. This guide explains how online activity shows up in family cases and offers straightforward rules to keep your digital life from undermining your case.
How Social Media Becomes Evidence
Texas family courts regularly see social media content offered as evidence. It usually arrives in one of a few ways:
- Screenshots from mutual friends or relatives. In a close community, connections overlap. A friend from church, your child’s sports team or your neighborhood near Gruene may still be connected to your spouse.
- Your spouse’s own account. If you were once connected and never blocked each other, your spouse may see more than you think.
- Formal discovery. Once a case is filed, lawyers can request relevant posts, messages and account data as part of the process.
- Tagged content. Even if you never post, others can tag you in photos or check-ins.
The court decides what evidence is admissible and how much weight to give it. But you should assume that anything you put online could be read by the judge deciding your case.
What Kinds of Posts Cause Problems
Posts About Money
A picture of a new boat on Canyon Lake, a weekend trip to the coast or a pricey dinner can be used to challenge a claim that you cannot afford child support or that you need spousal maintenance. Posts about a side business or cash income can raise questions about your true net resources.
Posts About Your Spouse or the Case
Venting about your spouse, the other side’s lawyer or the judge rarely helps. Texas courts consider whether each parent supports the child’s relationship with the other parent, and public criticism can cut against you.
Posts About Parenting
Photos of drinking, late nights out or risky activity may be offered to suggest poor judgment, especially if the children were in your care that day. Posts can also contradict what you have said about your schedule, such as claiming you handle every school pickup while photos show you elsewhere.
Posts About a New Relationship
Because Texas has no legal separation, you are married until the decree is signed. A new relationship can be raised as adultery in the property division, and introducing a new partner to the children too quickly can become a parenting issue.
Check-Ins and Location Data
A tagged location, a fitness app route or a timestamped photo can show where you were. That can matter if you missed a possession exchange or told the court you were somewhere else.
Private Messages and Texts
Direct messages, texts and emails are some of the most common evidence in family court. Unlike a public post, they often go straight to your spouse, who may save every one.
A few rules help:
- Write as if a judge will read it, because one might.
- Stick to logistics. Pickup times, school events and bills.
- Do not respond to bait. If a message is designed to provoke you, a short neutral reply or no reply is often best.
- Use a co-parenting app if texting has become a battleground. Many apps keep timestamped records that neither parent can edit. Our co-parenting guide discusses these tools generally.
A Simple Social Media Plan for Your Case
| Do | Avoid |
|---|---|
| Set accounts to the most private settings available | Assuming private settings keep content secret |
| Review and limit your friend and follower lists | Accepting new requests from people you do not know |
| Ask friends and family not to tag you or post about your case | Posting about the divorce, your spouse or the court |
| Turn off automatic location sharing | Checking in at bars, parties or trips |
| Keep copies of relevant posts by your spouse | Logging into your spouse’s accounts |
| Talk to your lawyer before deleting anything | Deleting posts on your own once a case is expected |
Do Not Delete Without Advice
When a lawsuit is pending or reasonably anticipated, parties have a duty to preserve relevant evidence. Deleting posts, messages or entire accounts can lead to sanctions or allow the court to assume the deleted material would have hurt you. It can also damage your credibility, which matters greatly in family court where judges weigh each parent’s honesty.
The safer approach is to stop posting, tighten privacy settings and let your lawyer advise you on what, if anything, should be preserved or removed.
Gathering Your Spouse’s Posts the Right Way
If your spouse is posting content that matters to your case, such as threats, evidence of substance use or proof of hidden income, you can usually save content you can lawfully see.
- Take screenshots that show the date, time and account name.
- Save the web address if possible.
- Keep a simple log of what you captured and when.
Do not log into your spouse’s account, guess passwords, use spyware or create fake profiles to gain access. These tactics can expose you to civil and criminal liability under state and federal law and may make the evidence unusable. If you need information you cannot lawfully access, your lawyer can request it through discovery.
Protecting Your Children Online
Children of divorcing parents sometimes post about family events or are drawn into online arguments. Some ideas for keeping them out of it:
- Do not post about the divorce in places your children or their friends can see.
- Avoid sharing details of their schedule or locations publicly, especially if there is conflict or a safety concern.
- Talk with older kids and teens about why privacy matters right now.
- Never use a child’s account to monitor the other parent.
For more on helping children through this time, see our guide on telling the kids.
Special Situations
Some situations call for extra care:
- Protective orders. If there is a protective order in place, contacting the protected person online, including through friends or tags, can violate it.
- Military families. Joint Base San Antonio families should be mindful of posts about deployments or duty locations, which raise both security and legal concerns.
- Business owners. Promotional posts about how well your business is doing can be used to value the business. See business in divorce.
After the Divorce Is Final
Social media can still matter after your decree, especially in modification or enforcement cases. Continue to treat co-parenting communication as if it could be reviewed by a court, because it can be.
Get Advice From a New Braunfels Divorce Attorney
If you are unsure whether something you posted could affect your case, or you have found troubling content from your spouse, talk with us before you act. New Braunfels Family Law offers a free consultation for people in New Braunfels, Comal County and nearby counties. Call (830) 302-4071. Se habla español.
Frequently Asked Questions
Can I delete my old social media posts during a divorce?
Be careful. Once a case is filed or reasonably expected, deleting posts that may be relevant can be treated as destroying evidence, and a court can penalize it. Ask your lawyer before deleting anything; making an account private or simply not posting is usually safer.
Can my spouse use screenshots a friend sent them?
Often, yes. Content you posted where others could see it, including in private groups, can be captured by anyone with access. The court decides whether evidence is admissible, but you should assume anything you share may be seen.
Is it okay to use dating apps while my divorce is pending?
You are still legally married until the decree is signed. Dating profiles can be used to raise adultery or parenting concerns, and the timing can affect how a judge views you. Many people choose to wait until the case is final.
What about my kids' social media accounts?
Children sometimes share details about each household without understanding the consequences. Talk with them about privacy in an age-appropriate way, and avoid using their accounts to monitor or communicate with the other parent.
Last reviewed November 13, 2026. General information only, not legal advice.