How Can Social Media Affect Your Divorce or Custody Case in Nebraska?

Social media posts are frequently used as evidence in Nebraska divorce and custody cases—even when accounts are private. Under Nebraska discovery rules, the opposing party can compel the production of your Facebook, Instagram, TikTok, and Snapchat archives, including deleted messages and search history. This guide breaks down how your online activity affects custody, parenting-time determinations, support calculations, and credibility assessments under the Nebraska Parenting Act. It also explains what to avoid posting, how courts obtain social media evidence, and why deleting material during litigation can lead to sanctions for spoliation. Finally, it outlines practical guardrails to protect yourself during a stressful time, without suggesting that you disappear from your life entirely.

How Social Media Impacts Nebraska Divorce and Custody Cases

Courts across Nebraska—whether in Lancaster County, Douglas County, Sarpy County, or rural jurisdictions—regularly see social media posts introduced as exhibits in divorce, custody, and modification hearings. Judges evaluate online behavior through the lens of Neb. Rev. Stat. § 43-2923, which requires them to determine a parenting plan that serves the best interests of the child. Anything that reflects on your judgment, emotional steadiness, honesty, or co-parenting behavior can be used to support or undermine your position.

A late-night rant, a sarcastic meme about your ex, or a photo from a bar during your parenting time can become a data point the court uses to question whether you are facilitating a healthy relationship with the other parent or whether your testimony is reliable. This is true even when posts were intended as jokes, temporary vents, or “just for friends.”

Privacy settings offer little protection. Screenshots spread quickly—and Nebraska’s discovery rules mean the other party can often obtain the entire history of your account directly from you.

How Social Media Becomes Evidence in Nebraska Litigation

Judges aren’t browsing your profile on their own, but if your ex (or someone aligned with them) screenshots your content or requests it through discovery, those posts may be introduced to evaluate:

Parenting behavior.

Are you posting attacks on the other parent? Are your posts inconsistent with healthy co-parenting under the Nebraska Parenting Act?

Credibility.

Do your posts contradict what you told the court? For example, claiming financial hardship while posting photos of a new vehicle can raise questions about honesty or dissipation of marital assets.

Substance use and lifestyle.

Photos involving drinking, drugs, or nightlife—especially during your parenting time—can become central in custody disputes.

Finances and support.

If you post about luxury purchases or trips while asking the court for support, the content can be used to challenge your financial disclosures.

The “Discovery Trap” Most People Don’t Know About

Many clients assume that setting an account to “Private” means the posts are legally safe. That’s not how Nebraska family law works.

During the Discovery Phase, attorneys can request:

• A direct download of your Facebook or Instagram archive (“Download Your Information”)

• Screenshots, messages, comments, tags, metadata, and timestamps

• Deleted posts that remain stored in your account archive

Platforms store far more data than you realize—and courts can require you to turn it over.

Why Social Media Feels So Tempting (And So Risky)

Divorce and custody cases create isolation, pressure, and emotional whiplash. Social media offers quick validation and a place to vent at the exact moment when your decisions carry the most legal weight.

The mismatch is dangerous.

Sarcasm can read like hostility.

Dark humor can look like instability.

A 12:37 a.m. timestamp during your parenting time can suggest inattentiveness.

A location tag at a bar on a school night can imply poor prioritization.

Nebraska attorneys often warn clients: “If you wouldn’t want it displayed on a screen in a Lincoln or Omaha courtroom, don’t post it.”

Types of Posts That Can Damage Your Nebraska Case

Nebraska judges look for patterns—not one bad day. But some types of content consistently harm parents in litigation:

Disparaging posts about your ex or their partner.

The Nebraska Parenting Act prioritizes parents who encourage strong relationships with the other parent. Negative posts suggest the opposite.

Alcohol or drug-related content.

Even mild references can be used to argue poor decision-making.

Financial “flexing.”

Posts about purchases, travel, or lifestyle upgrades can undermine claims about needing support or inability to pay.

Dating app screenshots or new relationship posts.

Nebraska is a no-fault state, but content that inflames conflict or raises concerns about judgment can still matter.

“Vaguebooking” about drama.

Judges see through indirect jabs instantly.

What You Should Avoid Posting While Your Case Is Active

If you wouldn’t want the judge, a guardian ad litem, or the custody evaluator to read it aloud, don’t share it.

Avoid:

• Complaints about your ex, even if indirect

• Commentary about hearings, rulings, or your attorney

• Photos or posts during the other parent’s court-ordered parenting time

• Check-ins at bars or clubs

• Financial bragging

• Screenshots of private conversations

• Anything emotional posted after 9 p.m.

When in doubt, stay neutral. Oversharing never helps.

Should You Delete Old Posts? The Nebraska Spoliation Warning

This is critical.

Deleting posts during litigation can lead to sanctions for spoliation of evidence.

Nebraska courts expect parties to preserve digital evidence once litigation is underway. Destroying posts, messages, or photos—especially after a discovery request—can result in:

• Monetary sanctions

• Exclusion of your evidence

• An adverse inference (the judge assumes the deleted posts were harmful to your case)

Deactivation vs. Deletion

Deleting = permanently removing content and risking spoliation

Deactivating = hiding your profile from public view while preserving data on the platform

Most of the time, the best move is:

Stop posting.

Do not delete.

Talk to your lawyer first.

A Simple Test Before You Post Anything New

Ask yourself:

“Would I be comfortable with this post being attached to my ex’s affidavit and filed in a public court record?”

If you hesitate—even slightly—put the phone down.

FAQs: Social Media in Nebraska Divorce & Custody Cases

Can my private posts be used against me?

Yes. Privacy settings do not prevent discovery or stop friends/family from screenshotting your posts.

What if I blocked my ex?

They can still see shared content through mutual friends. Blocking does not protect you.

Can I post photos of my kids?

Generally yes, but avoid weaponizing the caption or posting during the other parent’s time.

What if my ex is attacking me online?

Do not respond. Take screenshots showing the date/time and send them to your attorney.

Is it safer to take a break from social media?

Often, yes. Even a short pause during litigation can help you avoid accidental missteps.

Can social media ever help my case?

It can—especially if your ex posts contradictory statements, dangerous behavior, or harassment. But let your attorney decide whether to use it.