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Serving Divorce Papers Via Facebook

By Christian Badali
July 02, 2015

As practitioners of matrimonial and family law, we all have seen firsthand, especially within the last eight years, the impact of different forms of social media on divorce and our practices. Facebook posts can greatly impact custody, support and divorce matters, especially in litigation.

We have had cases where the parent who is supposed to be paying support but is not, and is in contempt of a court-ordered support payment, has posted photos of himself or herself out with friends at an expensive restaurant. Or what about the parent who requests the other parent take his or her custody time because they have an important meeting and then posts about a happy-hour excursion on Facebook? Those are becoming more and more common in our practice. In fact, I would be surprised if any family law practitioners have a litigated case these days that does not involve some form of social media. Facebook is the most popular, but others are gaining ground. Twitter, Snapchat, Swarm, Tumblr, Pinterest and Google Plus are all also in the mix.

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