In some states, individuals have used Facebook as a means of serving a spouse with divorce papers. Wisconsin residents may be surprised to learn that judges have ruled that, under certain circumstances, service through a social media site complies with the law.
A state judge recently concluded that a woman could serve her spouse with notice of divorce via Facebook. The circumstances were unusual in that the woman had tried to locate him over a long period of time through a variety of contact methods. She even hired a private detective. When her spouse refused to reveal his location, she petitioned the court to allow her to serve him through Facebook, a site he frequented. After finding that the woman had tried all traditional means of giving notice, the court ruled that she could serve him in this manner.
This is not an isolated ruling. Other state court judges have also determined that electronic notice through social media may be appropriate when an individual cannot otherwise be located. Not all state laws are amenable to such a ruling. Before permitting electronic notice, a judge will examine state law to determine if the text of the law can support such an interpretation. If the state law governing notice is flexible, the court usually will require an individual to show that the petitioner has attempted to give notice in all traditional ways before it will allow electronic notice.
These rulings demonstrate that courts are not inclined to let individuals escape their obligations by hiding from personal service. It’s important to realize that an inability to locate a spouse or a former spouse does not mean that an individual cannot initiate divorce proceedings or modify a current divorce settlement. A family law attorney could help review the law to determine whether state law permits these types of creative solutions.
