StolzenbergCortelli, LLP
Free Consultations  cta
Toll Free Number: 800-494-0889
Se Habla Español
View Our Practice Areas

Judge Rules NYC Woman can Serve Husband With Divorce Papers VIA Divorce

In a very interesting case, a Manhatten Supreme Court judge has ruled that a woman seeking a divorce can serve her husband by way of his Facebook account. Manhattan Supreme Court Justice Matthew Cooper said that a nurse named Ellanora Baidoo can serve her husband with divorce papers through a Facebook message, according to the initial report by the New York Daily News.  

This is truly amazianing but can only be appreciated by knwing the background.  

In the old days, people did not always have the right to know that there were legal proceedings against them. In some cases, they would only find out when magistrates showed up with the sheriff and seized their property, sometimes throwing them into debtor's prison until their debts were paid. The Fifth and Fourteenth Amendments to the United States Constitution prohibit the federal and state governments from depriving any person of life, liberty or property without due process of law. Therefore the process server is "serving" the recipient with notice of their constitutional right to due process of the law.
That's why it is so amazing that the judge allowed service of process by Facebook. The US Constitution addresses service of process and if you are not properly informed about a pending lawsuit, the lawsuit will not be binding on you. The Constitution as interpreted by the US Supreme Court warned that service of process rules must be very clearly defined and that failure to follow them means the lawsuit must be dismissed In that regard, the Courts have long held that the best way to give such "notice" is by personally handing the papers to the person to be served. This is what happens in the movies. It's where a private eye hands over a piece of paper and says "you've been served". Some cases say that the paper being served must make physical contact with the person. And there are rules like you cannot serve someone if doing so would end up in a trespassing violation. And some of the older cases (since overturned) said that service had to be made within the jurisdiction which is the subject of the dispute. There were some cases that dealt with those situations where the persons were tricked into returning to the forum where the disputed generated.
Anyway, the point was always that the person to be served had to have notice and that the best way to do it was by in person service. Over time, this changed. First, Courts allowed friends and family and lawyers to accept service on a person's behalf. And then mailing became ok. And, putting a notice in the paper was deemed ok. Now, it looks like we have really reached a point of no return. Now we can make service through our Facebook account.
What's next? Twitter?

No Comments

Leave a comment
Comment Information
  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

Email Us For A Response

Discover The StolzenbergCortelli, LLP Advantage

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

StolzenbergCortelli, LLP
Phone: 800-494-0889 Fax: 914-361-4478

3 Convenient Office Locations

White Plains Office
305 Old Tarrytown Rd.
White Plains, NY 10603

Toll Free: 800-494-0889
Fax: 914-361-4478
White Plains Office Location

ROCKLAND
99 Main Street
Nyack, NY 10960

Toll Free: 800-494-0889
Fax: 914-361-4478
Map & Directions

NEW YORK CITY
26 Court Street
Brooklyn, NY 11242

Toll Free: 800-494-0889
Fax: 914-361-4478
Map & Directions

  • White Plains Bar
  • Rockland County Bar
  • NYSTLA