Sometimes an individual seeking a divorce has trouble serving their spouse with divorce papers. A Manhattan Supreme Court has ruled that Facebook may be used to serve a spouse via private message.
Sometimes an individual seeking a divorce has trouble serving their spouse with divorce papers. A Manhattan Supreme Court has ruled that Facebook may be used to serve a spouse via private message.
While the standard method of delivering divorce papers is personal delivery, courts have allowed alternative methods if a defendant cannot be found. Ten years ago, courts began to acknowledge e-mail as a suitable means of substitution to hand delivery. While e-mail is not authorized by statute as a delivery method, case law has required that the method of delivery be one that “reasonably calculated, under all the circumstances, apprises [the defendant] of the pendency of the action.”
In this case, the wife exhausted all other possibilities that would reasonably apprise her soon to be ex-husband of the divorce action. Although courts have traditionally allowed service by publication (in a local newspaper), this is the first case in New York where a judge has permitted service by Facebook.
Divorce can be an emotional and legally confusing experience. If you are planning to commence a divorce action, it is important to be informed of your legal rights. Contact an experienced divorce attorney who will make sure that you are legally protected. Call McGuire & Pelaez P.C. today at (631) 348-1702.
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