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

UPDATED: Jun 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption