All too often potential clients enter consultations with the assumption that their case has commenced and the “clock is ticking” because their significant other handed them divorce papers.  They hurriedly enter the conference room seeking advice because their Response is “due this week.”

Surprisingly they look bewildered when we inform them that they most likely have yet to be properly served, and thus they can relax a bit.  In most cases, service is only effective via personal service (by a licensed process server) or by signing an Acceptance of Service that is filed with the Court.  Sometimes though, these two methods of service are next to impossible, requiring us to think outside of the box.

In a recent news article,[1] a New York attorney properly served a divorce summons via Facebook.  While this requires judge approval in advance, this is certainly a new approach to proper service that has not been seen before.  In some instances, Facebook or other methods of service are necessary, particularly in those cases where the other party is elusive and preventing service.   At the firm, we have had to use Facebook in the past as a method to properly serve an ex.  If you have the ever elusive significant other and cannot manage to properly serve him/her, contact the firm to schedule a consult, as altered methods of service require some additional steps on your part, but will move you down the road to securing the divorce you seek.

[1]ABA Journal- “Lawyer Can Use Client’s Facebook Account to Serve Husband with Divorce Summons, Judge Says”

 

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  Working through the various factors and establishing your case for parenting time and legal decision-making can be tedious and difficult for most people.  If you need legal advice, please feel free to log on to www.udallshumway.com, or contact our Family Law Section at  480.461.5300