Can You Serve Divorce Papers Through Facebook in Washington State?

Being served divorce papers is something we see often on television and in the movies. Let’s set the scene: A process server, disguised as a pizza delivery or UPS man, rings the doorbell and asks the occupant to confirm their name. As soon as the occupant does so, the “delivery person” thrusts papers into their target’s hands and wryly says the dreaded phrase: “You’ve been served.”

In addition to allowing for a funny plot line, the above example illustrates many misconceptions about legal “service.” Traditionally, when one person wanted to initiate a civil matter, such as a lawsuit or a divorce, against another, this person would have to “personally serve” notice to the other party using a method that the state had predesignated as constituting valid service. This is the most common form of valid personal service: seeking out the party to be served at their residence, or perhaps while they are out in public, and having a third party hand the legal papers to them in person. 

However, as we often see in the media and in real life, there are times when the other party’s address or whereabouts may not be known. Sometimes this is intentional and may be motivated by a desire to avoid litigation. What happens to process rules in Washington state, then?

New York’s Decision to Allow Service Through Facebook

In recognition of these challenges, a New York Court ruled in 2014 that if a person’s address is unknown and there is evidence that the person regularly checks a Facebook account, an individual may be served divorce papers via the social media site.

Of its decision in the matter of Baidoo v. Blood-Dzraku, the court wrote the following: “This reflects the great emphasis that this state places on insuring that a person who is being sued for divorce — a proceeding that can have immeasurable financial and familial consequences — be made aware of and afforded the opportunity to appear in the action.” 

Not surprisingly, the decision resulted in widespread news coverage, with many speculating about its possible implications for future civil proceedings. However, this is not the first time that notice in a family law matter has been sent via social media. In another N.Y. case, a judge permitted a Staten Island man to send notice to his ex-wife via Facebook when he wished to modify their custody agreement.

While both of these examples came from N.Y., these cases are not currently illustrative of valid service in Washington state, as described below.  

What Constitutes Proper Legal Service in Washington State?

Family law cases don’t come out of nowhere or begin with service. Preparation can start long before it. However, ensuring valid service can be achieved efficiently is an important and necessary early requirement for proceeding with your legal matter. You must provide notice to the other person or entity you are commencing legal action against that they are a party to a lawsuit, and you must do so according to the laws of Washington state.  

For cases in which the other party is an individual, the default requirement for valid service is personal service. Personal service can occur by having a third party hand notice of a lawsuit directly to the other party, whether they are at home, work, or out in public. The person serving must be at least 18. They can be a professional process server or someone you know who is not involved in the case as a party or witness.

Valid personal service can also be achieved by the process server going to the residence of the person to be served and handing notice of the lawsuit to another co-resident who is of a ‘suitable age.’ For example, valid personal service on a party would exist if the legal paper were handed to the co-resident parent who lived with the other party at the home. This form of “personal service” through a third-party only works at their residence, however. As another example, going to the workplace of the other party and handing the legal papers to their secretary or assistant would not constitute valid personal service.

Another option for personal service is to have the sheriff’s office or police department deliver the papers, which may cost a nominal fee. 

When the Other Party Cannot Be Served

If, after reasonable efforts, the other party cannot be served personally, you can make a request to the court to allow you to serve by mail. It should be noted that service by mail, even if via certified or registered mail, is not considered valid service unless a Washington court has expressly authorized it. 

If the court does authorize service by mail, there are specific requirements and steps, including that one complete copy of all the legal papers must be sent via regular mail, and a second complete copy must be sent simultaneously via certified mail, return receipt requested. If the requirements are not strictly adhered to, the service will still not be valid. Again, the process of mailing and performing the service must be done by a third party, not you. Moreover, to use this method, you would need an address for the person you intend to serve. 

Serving When There’s No Known Address

When no address is known, and the person cannot be located, the court may allow service by publication.  Service by publication involves purchasing ad space in a local newspaper for a specific period of time and publishing notice of the lawsuit there. 

This form of service is highly disfavored because it may not be seen by the party you wish to serve. As a result, it may leave the case vulnerable to reopening at some point in the future.

In the usual situation, after the papers are served, the person who delivered them must file a signed statement under penalty of perjury with the court describing when, where, how, and on whom the service was completed. This is considered “proof of service,”  and if steps are followed correctly, the case can proceed.

Find a Seattle Family Law Attorney to Facilitate Proper Service in Your Matrimonial Matter

Though these two New York cases are intriguing and may cause speculation about  the possibility of an expansion  in how notice could be provided in family law matters, such as divorce and custody cases  (referred to as parenting plan actions in Washington state), they are anomalies. Also, because the cases are from a different state, they have no weight in Washington and do not set a precedent for this state.  However, as our society has become more mobile and technology has advanced, it will be interesting to watch developments in this area.  

Service rules exist for a reason, namely to provide fair notice to all the parties involved so the participants have an opportunity to proceed with, or defend against, legal claims. If you are unsure what constitutes proper service for your legal matter, or want to speak to a Washington state family law attorney in more detail about it, contact us today or schedule a convenient time to speak.