When a private investigator failed repeatedly to deliver a divorce summons to her husband, nurse Ellanora Baidoo asked the judge if she could get the job done via Facebook. Avoiding being served papers has been a common way to delay or stop a legal action and one that Baidoo’s husband, Victor Sena Blood-Dzraku, appeared to be employing.
When a process server is unable to contact a defendant, laws state that notice must be left at a last-known address or published in the newspaper. These two methods do not guarantee the defendant will know about the legal action, and he or she could use that in court to proclaim innocence.
The Manhattan judge who ruled in the wife’s favor explained, “The past decade has also seen the advent and ascendancy of social media . . . the next frontier in developing law of the service of process over the Internet is the use of social media sites as forums through which a summons can be delivered.” In England, serving court documents via Facebook has been accepted since 2012.
A 2015 study of 2,000 British citizens found one in seven respondents considered divorce because of their partner’s inappropriate activity on Facebook and other social media channels. The study also found that 25% had at least one argument a week related to social media use and 17% fought about it every day. In a chilling finding, 58% of respondents reported that they knew their partner’s passwords, either with or without the partner’s knowledge. Clearly, for a significant proportion of couples, Facebook detracts from rather than adds to their primary relationship.
Not surprising, American couples behave similarly to those across the pond. A survey conducted by American Academy of Matrimonial Lawyers reported 81% of attorneys had seen an increase in mentions of Facebook and other social media networks in divorce petitions. The issues can be endless.
Specific Facebook-related reasons for divorce mentioned in petitions include:
Some examples of real evidence attorneys have presented or face include:
Instead of venting your frustrations on your social media, use your social network to relieve stress. Get together in person with friends rather than connect with people via social media. Consider divorce support groups where people experiencing the same issues and feelings can lean on each other.
Consider, too, that messages posted to your wall may evoke sympathy and support from SOME friends, but don’t forget that you’re sending these to acquaintances and friends of friends as well. The majority may stay silent, but they will judge nonetheless. They may not see the situation as you do.
When a process server is unable to contact a defendant, laws state that notice must be left at a last-known address or published in the newspaper. These two methods do not guarantee the defendant will know about the legal action, and he or she could use that in court to proclaim innocence.
The Manhattan judge who ruled in the wife’s favor explained, “The past decade has also seen the advent and ascendancy of social media . . . the next frontier in developing law of the service of process over the Internet is the use of social media sites as forums through which a summons can be delivered.” In England, serving court documents via Facebook has been accepted since 2012.
Social Media and Infidelity
Facebook: The Virtual Pick-Up Lounge that’s Always Open
Convenient process serving isn’t the only way Facebook has been impacting modern divorce. According to Pew Study Research Center study, the Internet and American Life, one in five adults uses Facebook to flirt. Fast-forward from that first innocent-seeming innuendo to a co-worker and it’s no surprise one-third of divorce petitions in the UK mentioned Facebook.A 2015 study of 2,000 British citizens found one in seven respondents considered divorce because of their partner’s inappropriate activity on Facebook and other social media channels. The study also found that 25% had at least one argument a week related to social media use and 17% fought about it every day. In a chilling finding, 58% of respondents reported that they knew their partner’s passwords, either with or without the partner’s knowledge. Clearly, for a significant proportion of couples, Facebook detracts from rather than adds to their primary relationship.
Not surprising, American couples behave similarly to those across the pond. A survey conducted by American Academy of Matrimonial Lawyers reported 81% of attorneys had seen an increase in mentions of Facebook and other social media networks in divorce petitions. The issues can be endless.
Specific Facebook-related reasons for divorce mentioned in petitions include:
- inappropriate messages
- separated spouses posting nasty comments about each other
- Facebook friends reporting spouses’ bad behavior
When Facebook Documents Too Much Evidence
Facebooking Illegal and Inappropriate Activity
Judges are allowing documents to be served via Facebook, and they use updates, profiles, friend connections and more from the channel as well. Petitioners and defendants trying to support their claims often find themselves undone by Facebook evidence.Some examples of real evidence attorneys have presented or face include:
- a selfie photo of a marijuana-denying mother smoking a joint
- a match.com profile of a custody-seeking man claiming he has no children
- statements in updates and profiles that indicate personality disorders and anger issues
Facebook Dos and Don’ts during Divorce
Don’t post while tired, emotionally overwrought or drinking
While Facebook can feel like a forum of friends to whom you turn for sympathy and support, it can have more negative impacts. Extreme emotion, fatigue and alcohol render reality in all kinds of exaggerated shapes and colors. Do yourself a favor and find another way to vent when in these conditions.Instead of venting your frustrations on your social media, use your social network to relieve stress. Get together in person with friends rather than connect with people via social media. Consider divorce support groups where people experiencing the same issues and feelings can lean on each other.
Consider, too, that messages posted to your wall may evoke sympathy and support from SOME friends, but don’t forget that you’re sending these to acquaintances and friends of friends as well. The majority may stay silent, but they will judge nonetheless. They may not see the situation as you do.