How Can Online Activity Impact Divorce in Illinois?

 Posted on September 25, 2025 in Divorce

In today’s digital world, what you post online could easily show up during divorce proceedings. Social media, text messages, and even dating apps leave behind evidence that may be used in court. In Illinois, judges may allow online activity to be introduced as evidence that affects property, custody, and support. Our Joliet, IL divorce lawyers will guide you through the steps needed to protect both your case and your privacy.

Can Online Posts Be Used as Evidence in Illinois Courts?

In Illinois, social media posts, emails, and text messages can be treated like any other type of evidence. Under the Illinois Rules of Evidence, Rule 401, evidence must be relevant, meaning it has to make a fact in the case more or less likely to be true. For example, if you say you cannot afford child support but post photos of luxury vacations, those posts can be used to question your finances.

The court must also confirm that the evidence is genuine. Under Rule 901, a post, message, or screenshot must be authenticated. This means there has to be proof that it came from the person’s account and was not changed. This can be shown through testimony, account records, or other supporting information.

Can Social Media Activity Affect Custody in Illinois?

Custody decisions, known as parental responsibilities in Illinois, are based on the "best interests of the child." Under 750 ILCS 5/602.7, judges consider many factors, including each parent’s ability to provide a safe and stable home, to determine what serves those interests. Online activity can have a direct effect on these decisions.

Posts showing drug use, heavy partying, or negative comments about the other parent may cause the court to question your judgment. Even private messages can be subpoenaed if they show threats or harmful behavior. In some cases, this type of online activity has led judges to limit parenting time or require supervised visits.

You should also avoid dragging your children into online disputes. If you tag them in arguments or post about them during a fight, the court may see it as harmful to their emotional health. This can weaken your position and hurt your case.

How Can Your Social Media Posts Affect Property Division?

Illinois follows an "equitable distribution" model when dividing property. This means assets are divided fairly, though not always equally, under 750 ILCS 5/503. Social media can have a surprising effect on this process.

If you act concerned about your finances during divorce proceedings but post about luxury items, hidden purchases, or new property, the court may believe you are being dishonest. Judges can use those posts to question whether you have fully disclosed all of your property. For example, if you claim you have little money but share pictures of a new car, the court may award your spouse a larger share of the assets to even things out. Even lighthearted posts about money or shopping can be misinterpreted during divorce.

Contact an Orland Park, IL Divorce Attorney Today

If you are facing divorce, having experienced legal guidance is necessary. A knowledgeable attorney can guide you through the process and help you avoid mistakes that might cost you money or time with your kids.

At The Foray Firm, we are proud of our slogan "Preserving The Dignity of Families In Transition." Our attorneys are active members of the Black Women Lawyers’ Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. We have dedicated our careers to serving families with skill and compassion. If you have questions about anything related to the divorce process, call 312-702-1293 to schedule a consultation with our Joliet, IL divorce lawyers today.