Sliding Into Your Spouse’s DMs . . . To Start Your Divorce Case?

The holidays are over, and the new year brings resolutions, fresh starts, and crowded gyms. In the family law world, the new year also brings an increase in divorce filings.

Once a new divorce case is formally filed, the first thing to happen is that you must give notice to the other party. Traditionally, serving divorce papers involved the physical delivery of the documents to notify the other party about the impending divorce proceedings--think Olivia Wilde being served with custody documents while on stage at CinemaCon or the dramatic “you’ve been served” as seen in movies. The physical service approach has long been a point of contention, especially when one party is not cooperative. Moreover, in cases where parties reside in different states, the issue of service has historically provided more opportunities for fighting.

With the prevalence of social media platforms like Facebook, Instagram, and X (formerly known as Twitter), states are increasingly turning to these digital avenues for service. Therefore, the traditional and sometimes dramatic methods of service may become a thing of the past.

In recognition of society’s increased use of electronic methods to communicate, Illinois has recently joined several states in allowing service via electronic means. In 2023, Illinois amended its rule on formal service to allow service by social media, email, or text message. For example, the amended rule allows service to be sent via direct message on a social media platform if the other party has an active account.