Legal Rights: Facebook and Divorce

    Australia is a country/continent of kangaroos, wombats and long stretches of vast, sparsely-inhabited areas. It is a country where many children in its outback are educated through instruction over the television and doctors fly to isolated residences and stations (ranches) to make house calls. As a result, the Australian court system has undertaken some innovative ways by which to communicate with individuals during legal proceedings and to serve process on individuals. 

It does not surprise me that the Australian courts have approved -- in some circumstances -- service by email and in a recent instance, service of a foreclosure notice by Facebook. Facebook provides social interaction and connections for individuals on the internet, not as a conduit for legal proceedings. 

However, such service should be considered, even in Australia, to be the exception to the rule rather than the rule of thumb. Service by e-mail or by Facebook would be only one step in demonstrating to the court that an attorney has done everything in his or her power to obtain service of some court document upon an individual or family. Even in Australia, it is not likely to replace the more traditional methods of service of process upon an individual.  

The Australian experience, in many ways, is quite different from the American experience. Service of process is generally accomplished far easier in the majority of the American states than it would be in many areas of Australia. Nevertheless, there are circumstances whereby an individual or family may attempt to avoid service of process. 

It is not unthinkable that under a particular set of circumstances, an American court may approve service by e-mail. However, I think it is an additional significant step for an American court authorizing service by Facebook. Consequently, American litigants should rest easy regarding their participation and entries on Facebook or other social internet interaction web sites regarding this issue -- for the moment. 


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Charles Jamieson is a family law attorney who has represented clients in divorce cases in more than 20 states. He has practiced law for 26 years and is located in West Palm Beach, Fla.