This is unusual because under normal circumstances “personal service of process” is required. That is, the filed divorce papers are required to be handed to your spouse by a non-party, non-attorney for the parties. The rules do provide for service by publication when you do not know where the other party is, but you have to attest to having made a diligent search and inquiry into their whereabouts.
This case is unique in that the Wife does not know where the Husband is, but knows that he is an active user of FaceBook. The Court has determined that service through FaceBook may be proper.
This does not mean that sending your ex a FB message is valid service, however. Please consult your experienced family law attorney for rules on service and any additional questions.
One of the “rules” of Family Law is when you don’t know what the right legal answer is, do what is RIGHT and you will probably be okay.
Doing what is right is not always easy, nor fun. On several occasions I have had client’s faced with seemingly tough decisions or circumstances. One client suspected the spouse of abusing illegal drugs. They did not have direct proof, but knew of drug abuse in the past and had knowledge of very suspicious behavior lately. Their idea was to create a circumstance where they would have the spouse under surveillance when the spouse was out buying drugs. The problem was the suspected spouse would also have the child during that time. I told them that you cannot put your child in that situation…
In other instances, parties have had the other spouse served while they had the children. The problem with this is that it is scary and stressful for the child. Sometimes, it seems, having them served in this manner just cannot be avoided, but if it can, it should be. (See my prior blog on service of process.
Think about your child,what they are experiencing and what they “SEE” before you go and do something to your soon-to-be ex-spouse.
Matthew Thompson is a Child Custody Attorney in Mississippi reminding you to SEE things through the eyes of your child.