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Social Media and Divorce

Couples in Salt Lake City who file for divorce will try mediation. This is when a third party attempts to guide the divorcing couple to settle any disputes. This can include child custody, asset division. Mediation has proven to be a better alternative than a court battle. Couples are often able to resolve their disputes through mediation but many will need the assistance of a Salt Lake City divorce lawyer. Mediation can quickly go from amicable to claws. This is often attributed to social media accounts online.

Social Media and Divorce


The smallest post can make you lose your child custody and any other assets you may be entitled to. An example would be a co-worker tagging you in a photo of you drinking wine at a company event. It can be argued that this photo shows you are over indulgent and irresponsible with alcohol consumption. Therefore, your children may not be safe for your care and visitation can be denied or limited. Child support can also be contested if you have photo or posts about you spending money on frivolous items. A Salt Lake City divorce attorney can argue that you do not need child support if you are able to afford expensive items or vacations. The other argument that can arise is that the child support that you are getting is too much or unnecessary. Why do you need more money if you seem to be able to afford non-essential items and expensive trips?


It is very rare that a social media post can help your case but be considering that posting about or asking for help can prove to the court that you are indeed in need. The ideal situation would be to delete any social sites the moment you begin divorce proceedings. Do not wait until mediation has started. This can actually harm you. Delete your profiles completely as some automated posts and other friends posting on your wall can hurt your case. You’re soon to be former spouse can also look back at posts from years ago and save those for court. Silly photos you took with friends can turn into a court nightmare if you are not careful.


The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.


The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgment of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers.

Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.


The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.


Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506