NJSBA Family Law Section

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  • 1.  defendant is avoiding service, how to show service on Whatsapp

    Posted 08-22-2022 10:35 AM
    Hello friends!

    I have a divorce case right now that was supposed to be a case where the spouse resided  in a foreign country and we were going to file for divorce here in Middlesex County (that is wortwhere the husband currently lives). I've handled divorces like this in the past and have been successful in getting them finalized. However, the fact pattern suddenly changed, and now I am a little lost...

    Wife has now come to America, we know this because she spoke to husband on a phone call and advised him; her family members have also done the same. However she refuses to give an address or any whereabouts of where she is. Our firm has tried to call her from multiple different phone numbers and she keeps blocking us after the initial pick-up of the call. We have tried to find her on Facebook but she's not there. Then we sent her divorce papers through WhatsApp and email. The way Whatsapp works is, you see a double check mark that is colored blue if the other party has opened your document. So we know she has seen and read it - we have a 'read receipt' equivalent.

    We also advised her in these Whatsapp messages who we are, what the docs are, and that she should respond within 35 days. Immediately thereafter she blocked the phone number from whence we sent the papers.

    I'm also in the process of currently serving her at her last known address in the foreign country.

    My question is, I know the rules provide for service through creative measures, in extreme circumstances if we can show that the opposing party is not cooperating and we have completed traditional methods of service, however I'm not sure how to go about this logistically in a motion to the court. 

    Many thanks in advance!

    ------------------------------
    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
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  • 2.  RE: defendant is avoiding service, how to show service on Whatsapp

    Posted 08-22-2022 11:39 AM
      |   view attached

    Pooja, yes service with WhatsApp will be accepted as alternate / substituted service if you file a motion and show the steps taken to try to effectuate regular service. Not really your fact pattern, but here is my sample attorney certification in support of substituted service.

    Tom King

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

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