Divorce Via Facebook?

On April 6, 2015, CNN reported a New York judge has said Facebook is an acceptable way for a Brooklyn woman to serve her husband with divorce papers. In his decision, Justice Matthew Cooper said the “advent and ascendency of social media,” means sites like Facebook and Twitter are the “next frontier” as “forums through which a summons can be delivered.” The story details how the woman has been trying to divorce her husband for several years, but cannot find him to serve him the papers. The couple never lived together and she is not seeking any money. After exhausting other ways of serving him the papers, the woman filed an application asking for “service by alternate means,” in this case, via social media. Before the judge agreed to her using Facebook, she had to prove the Facebook account belongs to her husband, and that he consistently logs on to the account and would therefore see the summons. Click HERE for original story.

In Florida, if a party cannot be located, constructive service of process may be used if there is no issue of child support or alimony.  It is first necessary to search for the absent spouse and file a sworn Affidavit of Diligent Search and Inquiry with the court.  Then a Notice of Action must be published once a week for four consecutive weeks in a newspaper where the court is located.

Our Family Law Attorneys have experience helping men and women with their family law needs including divorce, custody, paternity, parental relocation, alimony and all other divorce issues.  Call today for a free consultation and let us help you protect your family.

 

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