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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Historic ruling allows wife to serve divorce papers through Facebook

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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