Facebook = Service?

April 20th, 2015

In New York, a judge recently ruled that you can serve your spouse with divorce papers via Facebook.  The ruling is here.  (Please note that this ruling applies to one New York case, and it is not a binding rule regarding service in California.)

What is service?

Filing your dissolution (divorce) Summons and Petition only starts your case.  The other party must be served with the papers.

“Service” is getting your legal papers properly delivered to your spouse.  The other party needs to have appropriate notice so that his/her due process rights are protected.  The rules governing service are set forth in Code of Civil Procedure Sections 415.10-415.95.  These rules are set forth in simpler language at the Court’s Self-Help website.  Service can range from hand delivery to a notice posted on the courthouse wall.  What service is deemed appropriate depends on the case.

Personal service is preferred, but not always possible.  Service via Facebook (allowed in the referenced New York case) is a form of substituted service in that it “[n]ot only is it reasonably calculated to provide defendant with notice that he is being sued for divorce, but every indication is that it will achieve what should be the goal of every method of service: actually delivering the summons to him.”

If you are thinking of initiating a divorce proceedings, be sure to talk to an experienced family law attorney who can help determine how best to serve the initial pleadings.