View Our Practice Areas

Woman gets permission to serve divorce petition via Facebook

From the time they were married in 2009, an out-of-state couple had issues. The marriage quickly fell apart, and the woman wanted a divorce. However, as some Utah residents may have experienced during their divorce proceedings, her soon-to-be ex-husband did not make it easy for her to serve him with the divorce papers.

He continuously claimed that he did not have a permanent address or a job. He also denied requests to make himself available to be served. Therefore, the woman went to the court seeking an alternative method of fulfilling the legal service requirement, and the method she asked to use was a bit unorthodox.

She asked the court if she could serve her husband on Facebook. In his ruling, the New York judge acknowledged the fact that social media sites such as Facebook have become part of popular culture. He further noted that delivering a summons to an individual through a Facebook post could eventually become an accepted method of alternative service. Of course, as is the case with any means of service that is out of the ordinary, she was required to prove to the judge that the Facebook account in question belonged to her husband and that he logs in on a consistent basis.

Facebook already plays a part in many divorce cases across the country. The parties often use posts and pictures from social media as evidence. Now, Utah residents may get the opportunity to use it to establish service and move the divorce proceedings along when delivering the necessary paperwork to the other party is problematic.

Source: CNN, "Divorce by Facebook: New York woman can file online", Stephanie Gallman, April 7, 2015

No Comments

Leave a comment
Comment Information

Testimonials

  • I can’t speak highly enough of Kris and his team. I was always kept informed and educated on my options and potential outcomes. Kris was so professional and helped me feel at ease through a very difficult and emotional process. His expertise is second to none and you truly feel as though you’re in the best hands. Thanks for everything Kris, I consider you a great friend!Read more...

    — Tyler H.
  • Rand Lunceford was my attorney and he did a great job for me. Was always very quick to return phone calls and texts. Gave me court reminders the day before. And did a great job. when it was all said and done I was extremely impressed with Mr. Lunceford and their firm. Read more...

    — Brittany U.
  • I appreciate Michael's professionalism and willingness to listen to his clients. He truly cares for them and tries to see things from their perspective. That approach is refreshing and really helps in drawn-out cases. Michael is easy to get a hold of and quick to work on cases. Read more...

  • Brian attended mediation with us today and he was a rockstar. He was very knowledgeable and thorough. I don't know what we would have done without his well-informed counsel and the way he stood up for us. He maintained a calm and authoritative demeanor, even in the presence of the 4 other attorneys on the other "sides". We will be recommending him to anyone who needs a family law attorney, and we'll be choosing him if we ever need one again! Read more...

    — Tawny A.
  • Not to sound cliché... Justice was served!! I have never been in a situation to need a Lawyer. Lauren really stood up for me when forces were making a situation much larger than it should have been. Our situation was extremely difficult but choosing this law firm was the best chose i could have made for my family and I. I am so grateful that Lauren was in my corner fighting while I took care of my family. Words cant Express my gratitude. It is unfortunate that accusations can place people in situations that you cant handle or control...fortunately there are great people like Lauren Forsyth. Wonderful person, Great Lawyer! Read more...

Speak with an experienced lawyer.

If you need help with a divorce, family law issue, DUI or criminal defense, complex civil litigation, or real estate matter, we are here for you. To schedule an appointment with one of our dedicated attorneys call us at (801) 475-8800.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Ogden Office
195 25th Street
Suite 304
Ogden, UT 84401

Phone: 801-475-8800
Fax: 801-475-9800
Map to Ogden Office

Park City Office
136 Heber Avenue
Suite 305
Park City, UT 84060

Phone: 435-655-3680
Map to Park City Office

Lehi Office
3450 N. Triumph Blvd.
Suite 102-161
Lehi, UT 84043

Phone: 801-753-5650
Map to Lehi Office

Salt Lake City Office
299 South Main
Suite 1300
Salt Lake City, UT 84111

Phone: 801-317-8968
Phone: 801-534-4410
Map to Salt Lake City Office