Service of Process Through Social Media

Posted on September 26th, 2014, by Livesay & Myers, P.C. in Family Law. Comments Off on Service of Process Through Social Media

Any person taken to court has certain rights that must be respected. The Fifth and Fourteenth Amendments of the U.S. Constitution require that neither the federal government nor individual states deprive anyone of life, liberty or property without “due process of law.” At its most fundamental level, due process requires the defendant be served with notice that a case has been filed against them, and given the opportunity to appear before the court to defend themselves.

The increasing mobility of individuals in our society has added complexity to the issues of due process. Pioneers took six months to travel across the country on the Oregon Trail in the mid-1800s, risking disease and death along the way. Today, someone can load up their belongings in a U-Haul truck and relocate across the entire country in about a week. This extreme freedom and ease … Read More »

Beware Of Social Media

Posted on August 5th, 2013, by Ariel Baniowski in Divorce, Family Law. Comments Off on Beware Of Social Media

I’m going to start this blog post by stating my conclusion first: Beware of Social Media!

Divorce, custody, and/or any other matters involving the breakdown of the family unit can be difficult, and you may feel the need to vent your frustrations, vent your disdain for your ex, or possibly even vent your own guilty conscience. And, with the advent of social media, you no longer need a physical person present in order to expel your frustrations; you need simply to press “send.”

Social media, including Facebook, Twitter, MySpace, and Instagram, can be both a blessing and a curse for a person going through the trauma of separation, divorce, a custody dispute, or a support matter. It is a blessing because family and friends can be “near” even when they are far in distance. However, it can be a curse because it … Read More »

Facebook Evidence in Divorce Cases

Posted on August 13th, 2012, by James Livesay in Divorce, Family Law. Comments Off on Facebook Evidence in Divorce Cases

With the integration of social media into the everyday personal lives of so many, it’s no wonder that Facebook was cited in 20 percent of divorce cases filed in 2010. That number has only continued to rise. While Facebook can be a powerful tool for proving your case in court, you should steer clear of certain evidentiary pitfalls.

All things considered, logging on to your spouse’s Facebook account using their email address and password is not a good way to gather evidence. Even when using a shared home computer, you run the risk of having your spouse’s attorney object to the evidence because of how it was obtained, or even having criminal charges filed against you. Simply put: logging in to your spouse’s Facebook account might get you trouble, and probably won’t result in evidence that the court will actually consider.

However, there … Read More »

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