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This week, the NY Daily News featured an article entitled, Judge Says Brooklyn Woman Can Use Facebook To Serve Divorce Papers. Recently, Manhattan Supreme Court Judge, Matthew Cooper, ruled that a New York plaintiff could use Facebook to serve her hard-to-find husband with divorce papers. This landmark case could set a new state precedent on service of a summons in divorce actions.
The parties married in 2009 in a civil ceremony. Shortly after the civil marriage, the relationship started to unravel as the defendant reneged on his promise to a traditional Ghanaian wedding ceremony. According to the plaintiff, the union was never consummated and the parties never lived together.
According to Judge Cooper, “the last address plaintiff has for defendant is an apartment that he vacated in 2011. Plaintiff has spoken with defendant by telephone on occasion and he has told her that he has no fixed address and no place of employment. He has also refused to make himself available to be served with divorce papers. The post office has no forwarding address for him, there is no billing address linked to his prepaid cell phone, and the Department of Motor Vehicles has no record of him.” Moreover, plaintiff has done everything in her power to find her husband, including hiring a private detective.
Taking all of the foregoing into consideration, Judge Cooper declared that the defendant should be served with the divorce summons via a private Facebook message. The message shall be re-sent once a week for three consecutive weeks or until acknowledged by the defendant. According to the article, the first Facebook message went out to the husband last week. “So far, he hasn’t responded,” plaintiff’s counsel states.
If you or a loved one is considering filing for divorce or is interested in learning more about how to proceed, contact the Law Offices of Jay D. Raxenberg today. With over two decades of experience, we recognize that our clients are going through a difficult time in their lives, and we ensure they are provided with the level of compassion and respect they deserve. Please call (516) 491-0565 or toll free at (888) 543-4867