Top 10 Mistakes People Make on Social Media During a NJ Divorce or Custody Case

NJ divorce social media mistakes are one of the fastest ways to turn a manageable case into a stressful, expensive mess. And it’s almost never intentional. It’s usually a “quick post,” a “private story,” or a “friend-only rant” that ends up printed, highlighted, and slid across a conference table like it’s Exhibit A.

At Sammarro & Zalarick here, we see the same pattern over and over: people don’t realize their divorce or custody case is already being “lived” in two places at once—real life, and the online version of real life. Judges and custody evaluators know that social media isn’t a full biography. But they also know it can reveal judgment, impulse control, priorities, honesty, and how you handle conflict when you think no one important is watching.

If you’re in a New Jersey divorce or custody dispute, the goal isn’t to become a monk and disappear forever. The goal is to stop handing the other side easy material—and to protect your credibility, your privacy, and your kids.

(This is general information, not legal advice for your specific situation. If you’re worried about something you already posted, talk to a family lawyer before you “fix” it.)

Top 10 Mistakes People Make on Social Media During a NJ Divorce or Custody Case

#1: Posting Like the Case Isn’t Happening

This one is the big umbrella mistake: continuing to post as if nothing is on the line. The reality is, during a divorce or custody case, everything is more “interpretable.” A photo that would normally be harmless can look irresponsible when it’s paired with allegations about parenting, finances, or substance use.

From a lawyer’s point of view, your social media becomes a highlight reel that the other side gets to narrate. They’ll take a moment and attach a storyline: “See? She’s always out.” “He’s spending like nothing’s changed.” “They’re not focused on the kids.” And once a narrative takes hold, you spend time and money climbing out of it.

What to do instead: Put yourself on a posting budget. If you must post, keep it boring: work, neutral hobbies, no drama, no venting, no “living my best life” messaging while financial support is being argued.

#2: “Vaguebooking” Your Spouse (or the Case)

You don’t have to name your spouse to make it obvious you’re talking about them. Judges have seen enough of these to spot them instantly: cryptic quotes, “some people are narcissists,” “when someone lies,” “finally free,” or “pray for my children.” Even if your followers cheer you on, it can look like you’re stirring conflict or recruiting an audience for a private family matter.

In custody cases, this is especially risky. New Jersey courts care deeply about whether each parent supports the child’s relationship with the other parent and whether you can co-parent without constant escalation. A post that feels like a personal release can be interpreted as ongoing hostility.

What to do instead: If you need to vent, do it offline. Write it in a notes app you never send, talk to a therapist, or talk to your attorney. Keep your public voice calm and adult.

#3: Posting Anything That Undermines Your Financial Story

Divorce isn’t just emotional—it’s financial. Support, expenses, equitable distribution, lifestyle during the marriage… money issues are everywhere. And social media loves money. New handbags, restaurant reels, “treat yourself” weekends, concerts, quick trips, or even frequent takeout posts can clash with what you’re claiming in court.

This doesn’t mean you can’t ever enjoy anything. It means you don’t want to look like you’re saying “I can’t afford it” while broadcasting “I can afford plenty.”

What to do instead: If finances are disputed, go quiet about spending. Also be careful about what friends tag you in. It’s not just your posts—it’s your appearance in other people’s posts.

#4: Showing Off Dating, Hookups, or “Soft Launches” Too Early

People move on at different speeds. That’s real life. The legal problem is that new relationships can become custody fuel—especially if the other side argues that the kids are being exposed to partners too quickly, the home environment is unstable, or your focus has shifted.

Even when dating isn’t legally “wrong,” the optics matter. And if your spouse is angry, they may screenshot everything and frame it as reckless behavior. We’ve also seen cases where a new partner’s online presence becomes a problem—old posts, aggressive comments, questionable content—suddenly the new person is part of the case.

What to do instead: Keep new relationships offline until things settle. If kids are involved, be extra conservative. And don’t let a new partner post about you, tag you, or comment on the case.

#5: Posting Partying, Drinking, or Anything That Can Be Spun as Substance Abuse

You could post one cocktail photo and swear it was a single drink at dinner. The other side may label it “frequent drinking.” You could post a funny late-night story and it gets framed as “out partying instead of parenting.” If substance abuse has ever been alleged—fairly or unfairly—this category becomes explosive.

Custody disputes are not the time to provide ambiguous material. Judges often deal with safety concerns, and they don’t enjoy guessing. If your content forces them to guess, that’s not a good place to be.

What to do instead: Don’t post alcohol, drugs, or “wild night” content during the case. Period. If you’re in recovery or dealing with allegations, your lawyer may advise an even stricter approach.

#6: Posting the Kids (and Especially Posting the Kids in the Middle of the Fight)

Parents love their kids. That’s not the issue. The issue is what your kid content implies: where the kids are, who they’re with, whether you’re encouraging a relationship with the other parent, and whether you’re using the kids as proof that you’re the “better parent.”

Also, kids don’t get a vote in whether their private lives become public evidence. We’ve seen parents post school events, sports schedules, and real-time locations without thinking about privacy and safety.

What to do instead: Keep kids off social media during the case if you can. If you do post, avoid anything that shows location in real time, avoid school identifiers, and absolutely avoid posts that reference the litigation, the other parent, or “what the kids think.”

#7: Thinking “Private” Messages, Close Friends, and Burner Accounts Are Safe

This is the mistake that surprises people the most: “But it was a DM.” “It was in a private group.” “It was my Close Friends story.” “It was anonymous.” In real life, screenshots exist. People forward things. Friends become witnesses. And the other side can request information in discovery in ways most people don’t expect (and yes, content can become evidence if properly obtained and used).

Even if something never makes it to court, it can still shape negotiations. A nasty DM can harden positions. A private rant can blow up co-parenting. A “burner” can make you look deceptive.

What to do instead: Write every message as if it will be read out loud by someone who doesn’t like you. If you wouldn’t want it on a projector screen, don’t send it.

#8: Deleting Posts, Editing Captions, or Telling Friends to “Take That Down”

If you’ve posted something problematic, the instinct is to delete it. But in legal disputes, deleting can backfire—badly. The issue isn’t just what you posted; it’s what the deletion implies. It can look like you’re hiding evidence. And if the other side already captured it, you’ve gained nothing and created a new argument: “Why is she deleting things?” “What else is he hiding?”

This is an area where you should not DIY your way through panic. The “fix” can be worse than the original post.

What to do instead: Don’t delete in a rush. Take a breath. Talk to your attorney about the smartest and safest way to handle existing content. Often the best move is preservation and strategy, not scrambling.

#9: Posting Anything That Looks Like Harassment, Threats, or Pressure

Divorce can make good people behave out of character. One angry comment. One sarcastic caption. One “tell your mom I said…” post. One public call-out. These things can escalate into claims of harassment. In the worst situations, they can become part of a domestic violence narrative.

Even if you believe you’re “just telling the truth,” the court is watching for stability, restraint, and the ability to keep conflict away from children. Social media conflict suggests the opposite.

What to do instead: Stop engaging publicly. Don’t respond to bait. If you’re being harassed, document it quietly and speak with your lawyer about proper steps.

#10: Real-Time Location Sharing (and Accidentally Proving You Violated the Schedule)

Location tags, “on my way,” check-ins, airport selfies, and event posts can create headaches you didn’t see coming. We’ve had cases where someone posted a weekend trip that contradicted the parenting schedule. Or they claimed they were home with the kids, while their story showed a completely different location.

This mistake also has a safety angle. During high-conflict separations, broadcasting where you and the kids are in real time can be a bad idea.

What to do instead: Turn off location tagging. Don’t post in real time. If you travel, post later—or not at all. Keep your schedule private.

What We Tell Clients in Bergen County: The “Courtroom Common Sense” Test

Here’s the simplest filter we use with clients at Sammarro & Zalarick:

If your post can be interpreted in a negative way by someone who’s already motivated to see you negatively, don’t post it.

Family court isn’t about perfection. It’s about credibility. When you look steady, respectful, and kid-focused, you gain leverage. When your online life looks chaotic or combative, you lose it.

And if you’re thinking, “My spouse is doing way worse than me online,” you may be right. But your best move is still to keep your side clean. Let your lawyer address their mistakes strategically—without you matching their energy.

A Practical, Low-Stress Social Media Plan During Your NJ Divorce or Custody Case

You don’t need a 40-step protocol. You need a calm routine:

First, pause posting for a few weeks. Most cases get easier when both sides stop feeding the fire.

Second, lock down what you can: privacy settings, tagging permissions, who can comment, who can see stories, who can search you. Use reliable guides for privacy controls if you need help.

Third, keep communications with your co-parent clean and boring. If you wouldn’t say it to a judge, don’t type it.

Finally, if something is already out there and you’re worried, don’t panic-delete. Get legal advice first.

When Social Media Can Actually Help Your Divorce or Custody Case

This might sound surprising, but sometimes social media helps—if it shows consistency and stability. A pattern of neutral, responsible posts can support credibility. Posts that reflect involvement in routine parenting (without oversharing) can sometimes counter exaggerated claims.

The key is that “helpful” content is usually unexciting content. The internet may not applaud it, but courts appreciate it.

If You’re In the Middle of a NJ Divorce or Custody Case in Bergen County

If you’re reading this because you’re worried about what you posted—or what your spouse is posting—start by getting grounded in the process and expectations. The NJ Courts self-help pages are a solid, non-biased starting point.

Then talk to a family lawyer who can look at your situation and give you a plan that fits your case, your goals, and your risk level.

Because in 2026, divorce and custody cases aren’t just argued in courtrooms. They’re argued in screenshots.

Note: This article is general information, not legal advice. Laws and procedures change, and every case is different. For advice about your situation, speak with an attorney licensed in New Jersey.

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