Can my wife publish notice of our divorce in a newspaper if she knows how to get in contact with me?

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Can my wife publish notice of our divorce in a newspaper if she knows how to get in contact with me?

She put it in a paper that I didn’t even know about. Didn’t she half to tell me personally? Can she get away with it? I’ve proof that we were in contact.

Asked on June 9, 2011 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What happened her is that you were served by what is known as substituted service, which is permissible under the law, but generally as a last resort.  And in New York for example publishing in the paper also usually requires a court order and that order is issued after an affidavit of due diligence is submitted to the court indicating that the Plaintiff attempted to serve you by the other provisions but could not find you (or something like that).  If that is the case in Indiana a s well then someone lied under oath (the affidavit) and could be in big trouble.  In the meantime you need to answer the complaint before you are held in "default".  Get some legal help.  Good luck. 


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