A woman in New York wanted to divorce her husband for years, however, she had repeated difficulty serving him with divorce papers as he had no permanent residence, no known employer, and could not be physically located. She reportedly tried for a long time to somehow serve the divorce papers with no success. To help her finally dissolve her marriage, Ellanora Baidoo and her attorney made an unusual request to the family court–could she serve her husband Victor on Facebook?
Successful service of divorce papers is an essential part of any marriage dissolution case because of the highly significant familial and financial effects that ending a marriage may have on an individual’s life. Though the civil procedure rules generally only specify that service of process can occur in person, by posting, or by mail, there have long been alternate arrangements allowed by the courts when the above methods proved unsuccessful. Over the past decade, email has become an increasingly used alternative option for service of process when other methods prove challenging.
Now, the judge hearing Baidoo’s case agreed that she could use Facebook to try to serve her divorce papers with some conditions:
- Baidoo had to sufficiently prove that the Facebook profile she found for her husband was, in fact, actually connected to her husband’s account; and
- She must demonstrate that he checked his Facebook account regularly so that it would be likely that he would see the service of process before the deadline to respond passed.
Baidoo was able to use her regular communications with her husband via his Facebook account as both proof that the account belonged to him and that he logged on regularly.
The judge in the case noted that the court had the right to direct how service of process may be completed and that perhaps social media was the “new frontier” in electronic service options. If Baidoo’s husband still chose not to respond to the divorce summons, she may likely be able to secure a default divorce against him as she seeks no financial compensation but merely the end of her marriage. Though Facebook service should not be expected to be allowed in many different cases, it may be an innovative tool to complete service in particularly challenging situations in which a spouse may not be located.
Find out how an experienced family law attorney can help with your divorce case
Many divorce cases have unique issues–such as service of process challenges–that may require creative solutions like using social media or other resources. An experienced divorce attorney will know how to resolve a wide range of issues that may arise throughout the course of your divorce case and will be able to communicate with the court to ensure your needs are met and your rights are upheld. Family lawyer Alan R. Burton routinely helps clients facing unique family law matters and will always work for the most favorable outcome in your case. Call our office in Boca Raton at 954-229-1660 for a free consultation today.