By Stacy J. Schlemmer, Partner & Family Law Attorney, Peterson, Berk & Cross, SC
In 2026, there is no such thing as a “private” post in a Wisconsin courtroom. Your digital footprint—from Venmo receipts to “deleted” TikToks—is the #1 source of evidence in modern divorce and custody cases. If you wouldn’t want a judge to see it on a 60-inch screen, do not hit “post.”
At Peterson, Berk & Cross, S.C., we have seen a dramatic shift in how evidence is gathered. Ten years ago, we relied on paper bank statements; today, we rely on digital discovery. In Wisconsin, social media evidence is frequently used to prove financial inconsistencies, parenting lapses, and violations of court orders.
The Myth of “Private” Accounts
Many clients believe that setting their Instagram or Facebook to “Private” protects them. It does not. Screenshots are the most common way private info reaches our desks. If you have 300 “friends,” you have 300 potential witnesses for your spouse.
If a post is relevant to a legal issue (like hidden assets or parental fitness), a Wisconsin judge can order you to produce a full archive of your social media data, including “private” messages.
Venmo & Financial Paper Trails
In 2026, your Venmo feed is essentially a public ledger. Claiming you can’t afford child support while Venmo-ing friends for “Cabo Drinks is a fast track to a contempt charge.
Wisconsin is a community property state. Using marital funds to buy gifts for a new partner—and then having that partner tag you in a “thank you” post—can result in you being forced to pay that money back to the marital estate.
Impact on Child Custody & Placement
Wisconsin courts decide placement based on the “Best Interests of the Child” standard and various factors set by statute. Specifically, Wis. Stat. § 767.41. Social media is often used to paint a picture of a parent’s lifestyle. For example:
- The “Party” Narrative: Photos showing excessive drinking or drug use, even if the kids weren’t present, can be used to argue for supervised placement.
- Disparagement: Ranting about your ex on Facebook can be seen as “interference with the parental bond.” Wisconsin judges expect parents to facilitate a healthy relationship with the other parent; online bullying is evidence that you aren’t doing that.
Your Social Media “Blackout” Checklist
If you are starting the divorce process at Peterson, Berk & Cross, S.C., follow these three rules immediately:
- Stop Posting/Post wisely: If you can’t deactivate, at least stop adding new content.
- Audit Your Tags: Change your settings so that you must “Approve” any photo a friend tags you in.
- Check Your Location Services: Ensure your apps aren’t “checking you in” at bars, restaurants, or travel hubs automatically.
Is your social media history worrying you? Or is your spouse’s online behavior impacting your kids? Call Peterson, Berk & Cross, S.C. at (920) 831-0300 to speak with one of our experienced custody and placement attorneys.