Serving Divorce Papers over Facebook

By Leslie Fineberg on April 27, 2015

After you have decided to get a divorce, you must file a divorce petition with the court. Then, you will have to serve your spouse divorce papers. This process allows your spouse to know that papers have been filed at the courthouse and that the divorce process has begun. This will also tell him or her what is being asked and how much time is left to respond. The court will then require proof that your spouse was served with the petition.

For some people, serving divorce papers is a complicated requirement. In one such case, a woman was granted the right to serve divorce papers via social media. According to a recent CNN news report, a Brooklyn woman has been given the right to serve her former spouse a summons for divorce via Facebook.

She has not been able to serve the papers for several years because he has no fixed address or place of employment. Since he has not made himself available to be served, the court is allowing the woman to find alternative means. Serving him papers online was deemed acceptable as long as she could prove that he consistently logs on to his Facebook account and therefore would see the summons. If he refuses the summons or does not response, the court will move forward with a divorce by default.

If you have a divorce attorney, he or she can help you locate your former spouse and serve the papers. Your lawyer can also help you seek alternative options if you are unable to locate your ex. There are many issues that may arise before, during, and after filing for divorce, so it is helpful to have legal guidance to ensure that your rights are protected.

If you are about to file for divorce, make sure you discuss your legal options beforehand. Even if you expect to have a non-contested divorce in which both sides are willing to negotiate, it can still help to have an experienced Chicago divorce attorney on your side who will ensure that your rights are protected.