In Episode 77 of Cases & Cocktails, Bryan and Janice Eggleston tackle a modern reality of Texas divorce and custody litigation: social media and divorce, videos, podcasts, and online behavior becoming evidence in court.
Over a strong “Texas Tea” cocktail, the conversation focuses on one of the biggest mistakes people make during litigation—creating exhibits for the other side.
Everything Online Can Become Evidence in a Texas Divorce
In today’s world, nearly everything is documented:
- Social media posts
- Videos from friends
- Podcast appearances
- Photos from trips or nights out
- Text messages and comments
What may seem harmless in the moment can quickly become a centerpiece of litigation later.
Bryan explains that many clients don’t intentionally create damaging evidence. Often, the issue is something posted casually long before divorce was even contemplated. A video from a bar, a vacation photo, or an offhand joke online can suddenly be scrutinized by a judge deciding custody or credibility.
Why You Should Not Vent Online During Divorce Litigation
The Egglestons emphasize that divorce litigation is already emotionally exhausting—and social media often makes things worse.
Clients sometimes want to:
- Publicly complain about the process
- Attack the judge or opposing party
- Post cryptic messages
- Make statements to “tell their side”
But none of that helps the case.
As Bryan notes, nobody has ever improved their outcome in family court by posting angry videos online during litigation. What it does do is create additional evidence the other side can use.
Social Media, Credibility, and Child Custody Disputes
One of the strongest themes in the episode is the importance of honesty with your attorney.
Janice explains that attorneys are often forced into difficult positions when clients fail to disclose damaging information beforehand. A surprise video or social media post introduced during a hearing can completely shift litigation strategy in real time.
The bigger problem is often not the conduct itself—but the inconsistency.
If someone says, “I never drink,” and opposing counsel presents a video of them taking shots at a bar, the issue becomes credibility. Once credibility is damaged, every statement the person makes may be questioned by the court.
Don’t Create More Data
Bryan describes litigation as a process involving “data collection.” The more information available, the more opportunities the other side has to create arguments.
That’s why one of the best strategies during litigation is simple:
- Stop posting
- Stop creating unnecessary content
- Stop giving the other side additional material to use
Even harmless situations—vacations, parties, podcast appearances, or jokes—can create unnecessary explanations in court.
What to Tell Your Austin Divorce Attorney About Your Online Activity
The Egglestons stress that clients should always tell their attorneys the worst facts first.
Whether it’s a social media post, embarrassing video, or questionable text message, attorneys can usually prepare for bad facts if they know about them ahead of time.
What becomes dangerous is surprise evidence appearing in the middle of a hearing.
As Bryan explains, it is always better to address bad facts proactively than be caught reacting defensively in court.
Social Media Evidence in Austin Divorce and Custody Cases
Divorce and custody cases in Austin, Travis County, Williamson County, and Hays County often involve more than financial records and court filings. Social media posts, videos, text messages, comments, location tags, and screenshots may all become part of the evidence reviewed during a family law dispute.
For people going through divorce or child custody litigation, the safest approach is to pause before posting. Even content that feels harmless in the moment may later be used to question judgment, credibility, parenting decisions, spending habits, or communication patterns.
If you are involved in a divorce, custody dispute, modification, or high-conflict family law matter in the Austin area, speak with an experienced family law attorney before discussing your case online or responding publicly to the other party.
Facing Divorce or Custody Litigation in Austin or Travis County?
Episode 77 offers a practical reminder for anyone involved in a divorce or custody case: don’t create evidence against yourself.
Social media may feel temporary, but in litigation, screenshots, videos, and online statements can become permanent exhibits that affect credibility, negotiations, and even custody outcomes.
As the episode humorously concludes: if you’re going through litigation, maybe avoid podcasts altogether.
Yes. Social media posts, photos, videos, comments, messages, and screenshots may be used as evidence if they are relevant to the issues in the divorce, such as parenting, credibility, finances, or conduct during litigation.
Do not delete anything without speaking to your attorney first. Deleting posts after litigation begins may create additional legal problems. Instead, talk with your divorce attorney about how to handle existing content.
Yes. Social media may affect child custody if posts raise questions about parenting decisions, judgment, alcohol or drug use, communication with the other parent, or the child’s best interests.
In most cases, it is wise to stop posting about your personal life, your children, your spouse, the court, or the case while divorce or custody litigation is pending.
Facing Divorce or Custody Litigation in Texas?
The Eggleston Law Firm in Spicewood, Texas, helps clients navigate high-conflict divorce and custody disputes with strategy, preparation, and clarity.
