Connect with us

Social Media

Should it be legal to serve divorce papers on Facebook?

(SOCIAL MEDIA NEWS) For those unlucky in love, Facebook offers a way to be told that your marriage is over: the electronic delivery of divorce papers.

Published

on

facebook divorce

You’ve been served

Since its beginnings in a Harvard dorm room in 2004, we’ve increasingly come to rely on Facebook for a multitude of services through its core brand, as well as its multiple acquisitions.

Want to stay in touch with old friends and make new ones? It’s got it. Take and share multitudes of photos in your daily life, documenting the sublime to the banal? It’s got that, too. Virtual reality? Yes, even that.

And, for those unlucky in love, Facebook offers a way to be told that your marriage is over: the electronic delivery of divorce papers.

bar

The traditional way

To be fair, Facebook — and the law — doesn’t discriminate as to which kind of process service you receive on the platform. So, instead of divorce papers, it might well be a notice that you’re being sued by a neighbor. And, to be fair, Facebook or other social media sites won’t be the first step taken to contact you.

We’re familiar with the trope of the process server. He hangs about outside of the house or office of the soon-to-be-served, resorting to subterfuge when necessary to get the signature he needs on the documents, saying “You’ve been served,” as the papers flutter into the hands of the sued.

Very little of this is close to a true depiction of what life is like for the process server, but the image persists. In some instances however, it is accurate.

It’s not hard to imagine the lengths people might go to avoid being sued. Accurate and timely service of process of a complaint is crucial to ensure the potential defendant in a proceeding knows they are being sued, and has the fullest ability to respond to the claims against them.

A new precedent

If you’re being sued, you can expect the courts to attempt to notify you through traditional methods like in-person service or through certified mail. However, when neither of those methods prove fruitful, courts may allow the plaintiff to attempt to serve you through substituted or alternative service methods, including electronic service.

A decade ago, using e-mail to provide service of process was a novelty. Courts fretted over this, as they were uncertain about the reliability and the ubiquitousness of the method. However, as we’ve seen, the overwhelming majority of Americans regularly check their e-mail accounts.

Using e-mail to provide notification to parties in a case is now a regularly accepted tool.

With the continued expansion of social media sites, such as Facebook, one could argue an expansion of process service to include those sites would ensure people are notified in a reliable way.

Working for the read receipt

“The desire to give actual notice is at the heart of service. The strongest argument for effectuating service of process through social media — Facebook in particular — is that, in many cases, the likelihood of the defendant receiving actual notice is extremely high because users of social media typically access their accounts regularly,” writes Keely Knapp, JD, in the Louisiana Law Review. “Moreover, through social media the plaintiff has the ability to gauge a defendant’s interaction on the account, which makes assessing the chance of actually receiving notice even more accurate.”

bar
Think about it for a moment. If the process server can verify you logged into your Facebook or other social media account and posted updated, or interacted through Messenger, then, when all else traditional fails, that’s the best — and probably most accurate — way to let you know you need to respond to a lawsuit.

The critical point here is that you’ve got to be able to ascertain that it’s actually the person who is named on the account using it to be able to claim that service of process via Facebook was accurate and timely. Consider for example a recent divorce trial in Brooklyn. The state of New York previously allowed Facebook as an alternate means of service when all else had failed. However, the judge in this case ruled that the defendant hadn’t interacted with his Facebook account since 2014.

Given a lack of updated information, there was no way to establish that he would presumptively come across it. While his wife argued that she had interacted with her husband on Facebook since 2014, she had no physical documentation of those exchanges.

“As such, plaintiff has not demonstrated that… service by Facebook is reasonably calculated to apprise defendant of the matrimonial action,” concluded the judge. “Before the Court could consider allowing service by Facebook…the record must contain evidence that the Facebook profile was one that defendant actually uses for receipt of messages.”

Utah, the cutting edge of law

The model for utilizing social media sites as an alternative service of process comes from a perhaps unlikely source: the state of Utah.

The state has been at the leading edge of considering ways to allow its citizens to interact with the court system in a smoother fashion.

Because of this forward thinking attitude, the state amended its rules of civil procedure in 2001 — before the existence of Facebook — to include electronic formats, mentioning email and “other possible electronic means”.

Thinking back to 2001, the social media landscape was barren. Sure there was Xanga, but Friendster wouldn’t come along until the next year, and Tom wouldn’t be our friend on Myspace until 2004. So, as Stephanie Irvine noted, “what was also genius about this is that when said electronic means became possible, the law wouldn’t need to be rewritten, and thus, judges could determine when the “other means” would be appropriate.”

bar
The courts in Utah have remained progressive, at least on this front. In 2010, rules were amended, and a specific affidavit was created for process service by electronic means, specifically mentioning “Social Network (such as Facebook), Twitter, Text Message, and Phone.”

Soon to be adopted as normal

While not every state has caught up to the electronic revolution for alternative electronic means of process service, there will come a time when it will seem like a normal part of operations. We’ve accepted the alteration of our lives with the assistance of technology. The unimaginable and fantastic are becoming commonplace daily.

The ingrained nature of social media means that, for some, it is the most reliable means of getting in touch with them.

Their online presence may be more stable than their corporeal one.

As with any form of legal documentation, ensuring the intended recipient actually receives it and can be documented doing so is critical. So as you peruse your Facebook timeline or Twitter feed, be careful about just scrolling on through. You might just miss an important date in your future.

#Served

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Social Media

How to quickly make your LinkedIn profile stand out from the masses

(SOCIAL MEDIA) Most of us have a love/hate relationship with LinkedIn, but no matter your feelings, you should be the one who stands out in a crowd – here’s how.

Published

on

linkedin

Your LinkedIn is your brand. That’s it. Whether you are job hunting (or people are hunting you), or are showing off your business, insight, acumen, or simply networking; your profile on LinkedIn needs to stay appealing and not drive potential headhunters, bosses, clients, or networking groups bananas.

Let’s start with a three part list of what you MUST do, what you SHOULD do, and what you COULD do.

Here’s what you MUST DO (as in, do it now).

  1. Get a #GREAT LinkedIn photo. Nothing sells you like the right profile picture. No selfies. No mountain biking. Get a professional headshot. Don’t lie about your age. Wear what you wear when you’re on the job. Smile. People are visual.
  2. Simplify your profile. Cut the buzzwords. Cut out excess skills that don’t add to your vision or that don’t represent the kind of job you want. (i.e. most of us can use Outlook but few of us need to mention that skill because we don’t support Outlook). Focus on the skills that are important.
  3. Keep it current. Your LinkedIn should reflect your career and current responsibilities. Update the description. Add new projects. Change your groups as you change in your career and move towards new levels. Indicate when you receive a promotion.
  4. Extra, Extra! Headlines. Don’t use something lame for your headline. How would you want to catch a headhunter to look at you if you could only say 10 words? Make it standout. There are thousands of managers – but only one you.
  5. Custom URL. Just do it. Pick your own URL. It’s FREEEEEEE.
  6. Get the app. Make LinkedIn a part of your mobile life and check it more often than you do Snapchat.

Here’s what you SHOULD DO (Set aside some time at Starbucks and go do this in the next month).

  1. Tell your story. Your summary should bring to live the content of your career. Don’t leave that section blank. Spend some time crafting a cool story. Run it by your professional mentor. Send it to your English major friends.
  2. Connect. Add colleagues. Add partners from other organizations. Use connections to broaden your network. Synch your profile with your address book. Add people after a conference.
  3. Endorse your connections. Identify people you’ve worked with and give them the endorsements – which can get them to come endorse you!
  4. Ask for recommendations. Ask a colleague, partner, or manager to write you a recommendation to help advertise your skills.
  5. Add a nice cover photo. Again, visual people. Some more on that here.

Here’s what you COULD DO (If you’re feeling dedicated, what you can do to give yourself an extra edge.)

  1. Share your media. Upload presentations, videos, speeches, or projects that you can share. (Don’t violate company policy though!).
  2. Publish original content. LinkedIn has a vibrant publishing feature and sharing your original work (or content you’ve published elsewhere) is a great way to share your voice.
  3. Post status updates. Share your reactions. Share articles. Repost from influencers. Be active and keep your feed vibrant.

That’s a quick list to get started. So go start your LinkedIn makeover (and I’ll go do the same). Let’s get connected!

Continue Reading

Social Media

You’re tired of Twitter because you’re no longer their average demographic

(SOCIAL MEDIA) Twitter was once a gathering place for industry professionals, but if you’re finding yourself drifting away, you’re not alone – the average demographic has changed. A lot.

Published

on

twitter

Each major social media platform has a tendency to draw a particular demographic, giving each individual platform a distinct tinge or feel. However, research shows that the demographics of Twitter may make it the most unique and youthful social media platform yet.

Perhaps the most notable aspect that sets Twitter apart is its content generation. While Twitter has approximately 126 million daily users, only around 10 percent of those users tweet with any reliable frequency. Surprisingly, that 10 percent user base is responsible for curating around 80 percent of the content on Twitter, giving a shockingly small group of people control over the bulk of Twitter’s output.

Anyone who has spent a significant amount of time on Twitter probably won’t find this revelation entirely illuminating; after all, most of what you see on Twitter generally looks like a slightly different iteration of something that someone else said on Twitter. Even so, the significance of such a large percentage of Twitter’s content coming from such a small group cannot be discounted.

In another shake-up, Twitter users as a collective also tend to be younger than other social media users.

Again, you’ll usually see this openly reflected in both the tone and persuasion of the content posted there, but the objective youthfulness of Twitter does explain some of the criticism levied toward its users by other social media aficionados.

While these two main points seem relatively benign, not everyone agrees with Twitter’s eclectic nature. Twitter’s distinguishing factors have led some, to label it as a “collective hallucination” of a platform, meaning that its demographic data, content themes, and aggregate of information all combine to create a different picture of America than is actually correct; naturally, the democratic-leaning persuasion of Twitter doesn’t help correct this assumption.

But what sticks out to some publications as a pipe dream of a demographic is, in fact, fairly accurate to America’s example insofar as race and gender ratio is concerned — even though Twitter may not embody the politically diverse “melting pot” of America’s government or emulate its education statistics.

Continue Reading

Social Media

Big backlash after woman tries to shame McD worker for napping

(SOCIAL MEDIA) This might be my favorite story of the year – a woman calls out a napping employee, and the community rejects her tweet, then rallies behind the employee to help improve his life.

Published

on

mcdonald's employee shamed for napping

Social media originated as a form of communication to stay in touch with people that you don’t see every day. From there, it blossomed into a community of idea-sharing and a source for news.

As social media grew more popular, the dark side began to rear its ugly head and people began using it as a method of attacking people from behind their keyboards. So much of social media has become negative that it’s hard to want to stay active.

Such was the case when a woman in Fayette County, Georgia shared a photo of a McDonald’s worker asleep in the booth. She posted the photo to social media in haste, in an attempt to shame the McDonald’s location for not doing anything about the employee’s behavior.

What she didn’t realize was that the employee – Simon Childs – was homeless and was simply resting between shifts.

The 21-year old father recently fell into hard times after his mother passed away, and found himself without a residence, but with a job at McDonald’s. When he found out about what the woman posted, Childs was disappointed by her actions.

“It kind of hurt to see my picture up there, you know,” he told WSB in Atlanta. “I thought it was something negative and nobody would care about it.”

The woman’s photo received a lot of attention on social media, but not in the way that she had intended. Local community members near Childs learned of his story and rejected the shaming. They began donating items to help with his child. Others donated hotel rooms, while a local restauranteur loaned Childs his car.

The nameless woman who posted the photo reportedly claims that she didn’t intend to shame Childs, especially since the image was only posted to a private group. However, we all know that it only takes one screenshot to make something “private” known to the whole entire world.

This shows us a few timeless lessons: Nothing on social media or the Internet is private, karma works in mysterious ways, and never make assumptions about anyone as you never know what is going on in their world.

That’s my morals and values lesson for the day. Class dismissed.

Continue Reading
Advertisement

Our Great Partners

The
American Genius
news neatly in your inbox

Subscribe to our mailing list for news sent straight to your email inbox.

Emerging Stories

Get The American Genius
neatly in your inbox

Subscribe to get business and tech updates, breaking stories, and more!