Divorce & Annulment

questions & answers

Question: My spouse and I separated in 2015, and shortly thereafter he moved to CA, but without any job, address, or income of any kind. Everyone in his life seems to have lost track of him, as he has a pervasive drug abuse and addiction history, no address or consistent place of residence. How do I manage to serve him with a petition for divorce??? I have waited 4 years, trying to locate him, but as I am now looking to remarry, is there any other way to move forward with a divorce?

Answer: There is, but only if you can show the court that you have made diligent efforts to locate him.  For example: talking to his family and friends, searching for him on social media.  If you can demonstrate that you have exhausted all reasonable efforts and still cannot find him, the Court will allow you to serve him by publication.  That means publishing a notice in a newspaper of general circulation. (Rule 41 Arizona Family Law Rules).  If you can afford to hire a skip tracer to find  him and the skip tracer cannot locate him, that will support publication.

QUESTIONS

  • My spouse and I separated in 2015, and shortly thereafter he moved to CA, but without any job, address, or income of any kind. Everyone in his life seems to have lost track of him, as he has a pervasive drug abuse and addiction history, no address or consistent place of residence. How do I manage to serve him with a petition for divorce??? I have waited 4 years, trying to locate him, but as I am now looking to remarry, is there any other way to move forward with a divorce?

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  • State Bar of Arizona
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    Referral number 602-257-4434
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