Could Serving Divorce Papers Through Social Media Be the Next Big Thing in Divorce Law?

 Posted on October 11, 2016 in Family Law

In divorce, the first legal step is to notify the other party (your spouse). Historically, this has been done in person, or by way of newspaper if the party could not be located. Yet, as newspapers are being perused less and less frequently, and the use of social media grows, some courts are considering the option of serving divorce papers via social media. Could this be the next big thing in divorce, or are we treading on dangerous waters?

Woman in New York Legally Serves Husband on Facebook

Last year, a woman in New York spent several years trying to track down her husband. She even hired a private eye. When her efforts failed, she turned to the court and asked if she could serve him divorce papers through Facebook. The court agreed, but with a catch.

The woman had to prove that her husband owned the account, and that he regularly logged into his account and would therefore see the summons. Further, the transmittal had to be repeated once a week for three consecutive weeks, and the woman and her attorney had to attempt to reach the man by other means to let him know the papers had been sent.

Revolutionary or a Potential Disaster?

On one hand, it is easy to see this is a revolutionary step in divorce. It could enable those that are having a hard time tracking down spouses a way to serve papers, and it is better aligned with our current lifestyles. Does this necessarily make it a step in the right direction though? Critics do not believe so, and even the majority of the public think it is just too “cold.” Marriage is usually an intimate relationship. To end it online through a Facebook message may seem to discount that for some.

Of course, like with most divorce aspects, the concept of serving papers online would likely be carefully regulated. It probably would not be the first line of defense, and much like the case with the woman in New York, there may be other stipulations imposed on those wishing to use messaging. Still, only time will tell for certain whether social media serving is effective and ethical.

Get the Legal Representation You Deserve in Your Divorce

If you have been served divorce papers, take action now. Contact Mevorah & Giglio Law Offices and schedule a free consultation with our DuPage County divorce lawyers. We will protect your rights, help you strategize the next step, and we always work toward the most favorable settlement possible. Call us today at 630-932-9100 today.

Sources:

http://time.com/3772614/facebook-divorce-summons-blood-dzraku/

http://www.cnn.com/2015/04/06/us/divorce-papers-facebook/

http://losangeles.cbslocal.com/2016/10/19/filing-for-divorce-on-social-media-seems-to-be-wave-of-future/