Pennsylvania residents who are beginning the divorce process might encounter a situation where their estranged spouse might be difficult to locate. The question might arise about how to serve divorce papers after all the traditional avenues have been exhausted. As technology and the use of social media becomes more embedded in society, the possibility of expanding the use of Facebook as a channel for serving divorce papers has grown. In fact, there have already been a couple of cases in which judges have allowed the use of the service for such as task.
The two cases in which judges allowed Facebook to be used as a channel for serving papers occurred in New York, where legislation allowing the use of the service exists. In one case, the service was used to serve divorce papers to an estranged spouse after the wife and her lawyer had used every other avenue to attempt to locate the husband. In the other case, it was used to notify an ex-spouse of the person’s intent to stop paying child support, for the same reasons as in the first.
In both situations, the circumstances surrounding the cases were very unique and therefore became opportunities for progressive action. However, most states still do not have legislation that allows this to be possible, and there are many judges who are still not on board.
Since legislation varies by state, a Pennsylvania resident who is considering divorce and cannot locate their spouse might seek the guidance of a divorce attorney who can better advise them about state legislation and procedure. In any event, it is important to follow all the steps of the process and exhaust all avenue of contact before social media might be considered.