Getting divorced can be a complicated process but filing for divorce should be pretty straightforward. That is, unless you cannot physically locate your spouse to serve the divorce papers.
That is the issue a woman in New York ran into for several years. Despite speaking to her husband over the phone, he told her that he did not have a permanent address and that he did not work anywhere for her to send the papers. After several years of trying to serve her husband divorce papers, she filed an application to serve the papers by other means through Facebook.
Is serving your husband with divorce papers through Facebook legal? A judge in New York recently ruled that it was acceptable, stating that social media sites are the “next frontier.”
The judge did make sure that her husband’s Facebook account was real and belonged to him. He also verified that her husband consistently uses Facebook and would be able to see the summons for divorce.
The fact that a woman was allowed to serve divorce papers to her husband over a social media site like Facebook is very interesting. Allowing her to finally file for divorce will help this woman move on with her life after years of struggling to start the divorce process.
The use of social media to deliver divorce papers could increase in the future. Judges in Minnesota would likely have to approve the delivery method before any spouse could take this same approach. However, this is a good story to keep in mind if you are considering filing for divorce and you run into issues with locating your spouse.
If you are currently starting the divorce process, you should work with a skilled divorce attorney to ensure your rights and best interests are protected.