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?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • Age discrimination in the workplace. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS