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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge says Brooklyn woman can use Facebook to serve divorce papers
In a landmark ruling, Manhattan Supreme Court Justice Matthew Cooper is allowing a nurse named Ellanora Baidoo to serve her elusive husband with divorce papers via a Facebook message.
Baidoo, 26, is granted permission serve defendant with the divorce summons using a private message through Facebook, with her lawyer messaging Victor Sena Blood-Dzraku through her account, Cooper wrote.
This transmittal shall be repeated by plaintiffs attorney to defendant once a week for three consecutive weeks or until acknowledged by her hard-to-find hubby.
http://www.nydailynews.com/new-york/brooklyn/exclusive-woman-facebook-serve-divorce-papers-article-1.2174577
I'm ok with it. The guy doesn't want a divorce, going into hiding doesn't mean his "wife" shouldn't be able to obtain one!
ProdigalJunkMail
(12,017 posts)isn't abandonment something considered in divorce law? i thought after someone was gone of their own volition after one year the divorce was a no-brainer. is it hard to prove? i am sure there is a section that deals with this without having to involve the stupidity of 'serving' someone via facebook...
sP
stevenleser
(32,886 posts)You no longer have to have a reason for divorce in states that have "no-fault" divorce.
Getting someone served is something else. You have to execute service properly in order for the proceedings to go forward. Otherwise, I believe, and DU attorneys please feel free to correct me, you have to wait a number of years to have the person declared dead or non-responsive (I forget the exact term).
On Edit: As treestar noted below, publication can also be used as a last resort for service in most states.
ProdigalJunkMail
(12,017 posts)the person leaves and cannot be contacted for the purpose of service. i think it is one year...
sP
treestar
(82,383 posts)though the court rules must be flexible enough to include this.
In our state, you can't hide from divorce. You can serve by publication if you can't get an address.
still_one
(92,479 posts)boston bean
(36,224 posts)And sometimes on the phone. But she can't locate him physically to serve him the papers.
still_one
(92,479 posts)Shrike47
(6,913 posts)If you can't achieve personal service, you can get permission from the court to serve in other ways reasonably calculated to give him notice. For instance, if you know where he lives but he won't answer the door, by taping it to his front door. Publication is expensive but legally sufficient if the court allows it but they would rather you tried a route that might actually get to him.