Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

N.Y. Judge Approves Service Via Facebook in Divorce Case

September 24, 2014

In a post from GIGAOM, N.Y. family court Judge Gregory Gliedman allowed a father to use Facebook to notify his ex-wife about changes to their child support arrangement.

Noel Biscocho couldn’t locate his ex-wife, Anna Maria Antigua. The legal dispute turned on a request by Biscocho to stop paying child support because his son had reached the age of 21.

In a court order (included in the post), the judge described how Biscocho had tried all sorts of other methods to locate Antigua, including texting his children for her address and doing a Google search.

However, she was active on Facebook had even “Liked” photos posted by Biscocho’s current wife. As a result, the judge concluded that Biscocho could use Facebook to serve the order, provided that he also mailed a copy to Antigua’s last known address.

The judge added that Facebook had not been used as a means of service in New York state court, but that other courts have allowed it, including in Virginia.

It makes good sense to me to allow service via Facebook where you can prove an arduous effort was made to find someone (without success) and that they are demonstrably active on Facebook. It really amounts, in the absence of other information, to a "get them where they live" argument to the court.

Hat tip to Bill Menzie.

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