Can I get a divorce if I do not know where my spouse is?

 
 

Yes. Arizona allows service of process in several ways, one of which works well if you do not know where your spouse is. It’s called “service by publication” and requires first that you make a showing that you tried in good faith to find and serve them in the traditional way (A.R.F.L.P 40, 41 & 42). You can get your official divorce this way, but you will not be able to get jurisdiction over your spouse in order to get property from them, spousal maintenance or child support. If you need an order for them to give you support of any sort, or return property to you that they currently have, you must find them and serve them in the traditional manner (or get a waiver of service).

 

 

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The information on this page is provided for educational purposes only, and should not be relied on in any specific case. Furthermore, the information applies generally to matters of Arizona law and not any other jurisdiction. Full site disclaimer.
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