In a recent interview on CHCH Morning Live, Julia Fogarty, Associate Lawyer at Shulman & Partners LLP, shared important advice on the risks of social media use during separation and divorce. She explained that while Ontario is a no-fault divorce province — meaning online behavior does not typically affect financial outcomes — digital activity can play a significant role in custody and parenting disputes. Texts, emails, and posts made in the heat of the moment may later be presented in court, where they can influence decisions about a parent’s conduct and judgment. Julia’s insights serve as a reminder that, in an age where almost everything can be recorded, reshared, or tracked, protecting your digital footprint is crucial. Her guidance encourages families to limit online posting, reduce conflict, and prioritize constructive communication during an already difficult time.
“If you’re going to text, you’re going to email, you’re going to post, only do it if you’re comfortable that it’s going to be read aloud in court by a judge, because it probably will be.”
— Julia Fogarty, Associate Lawyer at Shulman & Partners LLP
During the interview, Julia explained that one of the first things family lawyers do in a divorce case is review a client’s digital footprint. Texts, emails, and social media posts are often pulled into court, where they may be read aloud by a judge. This makes online activity particularly risky in cases involving children, where behavior and decision-making are scrutinized more closely.
Julia highlighted how the digital age has changed the nature of divorce. Unlike decades past, when conversations were fleeting and private, today almost everything is documented, shared, or stored. With smartphones everywhere and even AI-driven facial recognition tools at play, what someone posts — or what others capture about them — can quickly spread beyond their control. A night out, a critical comment, or even a friendly photo can take on unintended meaning once it circulates online.
She stressed that public airing of grievances, whether between friends, celebrities, or divorcing couples, rarely benefits anyone. Instead, it fuels conflict, damages reputations, and can cause lasting harm to children if they encounter negative posts about their parents. Julia pointed out that children, employers, and extended family often see what gets shared online, adding to the potential fallout.
Her advice is simple but firm: avoid posting altogether during separation or divorce. While clients may feel compelled to share life updates, or even positive moments with their children, these posts still carry risks. Privacy settings are helpful, but they are not foolproof — and once information is online, it can be misinterpreted, taken out of context, or used against the person who posted it.
Julia also warned that staying active online increases the temptation to monitor a former partner’s activity, which often leads to greater stress and conflict. By stepping back from social media altogether, individuals can reduce tension and focus on resolving their legal and parenting issues constructively.
Ultimately, Julia’s message is about minimizing conflict and protecting families during a vulnerable time. By staying offline, separated spouses not only safeguard their legal position but also create a healthier environment for themselves and their children as they navigate divorce.
Watch the full CHCH Morning Live segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.