Divorce and the repercussions are a topic that most people want to avoid. Some people will go so far to go out of their way to prevent divorce papers or other legal documents. They may not be ready to throw the towel in or don’t want change. Even if the other person is ready for a clean break. The same is true if the person is avoiding a court ruling when it comes to child support. Technology is changing the world around us. It has impacted many different things when it comes to divorce and court proceedings. A recent ruling is ruffling the feathers of how procedures happen. Now, people want to know about the repercussions of divorce papers served through Facebook Messenger along with other court documents.
The Service of Divorce Papers Over the Years
In the past, no one would have considered divorce papers served through Facebook Messenger. The more traditional way for service of divorce papers and other court documents is through a process server or certified mail. In both of these instances, it would have witnesses. This event guarantees that the person needs to receive the papers actually receives them. This action provides the court with assurance that the person that is on the receiving end, in fact, has the documentation in hand so that the court proceedings can continue to move forward. This due diligence is necessary to prevent someone from claiming they never received a notice. In addition to preventing them from moving forward without actually notifying the person.
Divorce Papers Served Through Facebook Messenger?
A recent event has many speculating that divorce papers will be served through the Facebook Messenger service in the future. Under a court ruling, a man was able to notify his ex-wife about a child support order in Staten Island. The court official allowed the usage of Facebook to serve the papers as the more traditional efforts of serving her papers were unsuccessful. The order to Anna Maria Antiqua was regarding the child support order in place. The man was seeking to stop the 440 dollars a month child support as the child in question is now 21.
The man, Noel Biscocho tried to contact his ex-wife at the address he had for her, but she had moved without leaving a forwarding address. He continued to try to search for where she was living. He attempted to Google where she lived and contacted their two children without any results. However, he found that his ex-wife was very active with her Facebook social media account. His ex-wife had even recently liked some of the posts that his second wife had posted to Facebook.
Staten Island Support Magistrate Gregory Gliedman made the judgment that it would be impractical for the ex-wife to personally be given the paperwork at her work or personal address since they were not known. It was also not possible to have the copy put on her door with an additional copy sent in the mail. This lack of address then led to the ruling of allowing Facebook Messenger to be the method of serving her the papers stopping the child support order on their 21-year-old child.
Historical Significance
As technology continues to change the way that the world works, it makes sense that it will have far-reaching consequences in the legal realm. This circumstance was the first time the state of New York gave permission to use this method. Also, in the United States, it’s a first for a person that’s located in the states. There had been some cases involving using Facebook to contact someone regarding legal proceedings when they reside overseas. Effectively, this action may eliminate the loophole of someone hiding to get away from being served legal papers considering the statistics of people that use social media today.
How Likely Is It That This Ruling Will Spread Across Jurisdictions and States?
Technology is ever changing the landscape of the world we live in. As this was a one-off case in a situation where the person was not found through traditional means, the judge ruled that social media would be a useful tool. It stopped this from continuing to waste the court’s time in trying to bring this matter to a close. Consequently, it is very possible that in similar situations, other court officials may use social media as a method to reach individuals with essential court decisions and documents. This situation is just one more way that the court can embrace the possibilities of technology.
Every case is different, and some situations can often be tricky when it comes to family law. There are many reasons why someone would not want to get papers by the courts. This ruling could have farther reaching implications down the line. Are you in a situation that requires experience in family and divorce law? Contact Lewert Law, LLC today to discuss your case. Get an experienced lawyer on your side to fight for your situation.
