Millions of people enjoy using social media to stay connected with their world throughout the day.
Every day people send millions of pluses, tweets and likes through the Internet to keep in touch with friends and family and endorse their favorite brands.
However, can residents in Suwanee be served divorce papers over Facebook?
SERVING DIVORCE PAPERS
In a typical divorce case, one spouse files a petition for divorce in the county where either they lived with their spouse or where they currently live.
Once the petition is properly filed, an officer of the court, process server or a sheriff’s deputy will attempt to serve the divorce papers on the respondent spouse. A diligent effort must be made to serve the divorce papers.
This can be a challenge when the respondent cannot be located. The spouse may have moved to an undisclosed location or their residential address is incorrect.
When this happens, the court can authorize an alternative method for process serving. For example, they may allow a legal notice to be printed in the classified section of a local newspaper. Another alternative is send the divorce papers securely via email.
In 2014, a New York court permitted a petitioner to have a modification of an order for child support served on a respondent via Facebook. This was after several attempts were made to locate the respondent and serve the process using traditional means.
This case may set a precedent for how divorce papers and other legal documents are served in the absence of a physical location. Many legal experts liken serving divorce papers via Facebook to publishing a legal notice in a newspaper.
DOES SERVING DIVORCE PAPERS OVER FACEBOOK VIOLATE PRIVACY?
One concern remains the privacy and security of social networking services. Posting sensitive documents like divorce papers in public social media forums may be considered injurious to one party.
However, most social media systems feature secure, private messaging services that facilitate direct communications between parties.
The best way to determine whether divorce papers can be served over social media is to speak with a knowledgeable family law attorney.
An experienced family law attorney ensure the proper steps for filing for a divorce and serving divorce papers are followed.
Law Firm of Oxendine & Sauls provides expert legal counsel for high asset divorce and child support cases.