If you’re ready to pursue a divorce in Arizona, it’s crucial to understand that you must fulfill specific legal requirements, such as serving your spouse before the court can officially end your marriage. If your spouse’s whereabouts are unknown, the process becomes more complex. Please continue reading to learn what happens if you can’t locate your spouse to serve divorce papers and how a seasoned Tempe, AZ Divorce Lawyer can guide you through your legal options.  

Do You Have to Serve Divorce Papers in Arizona?

When you file for divorce in Arizona, you must serve divorce papers to notify your spouse of the divorce. This step is required before the court can proceed with your case. Service of process ensures that your spouse has the opportunity to respond to the initial petition. While you need to attempt proper service, Arizona courts offer alternative options when a spouse cannot be located. 

Are There Other Methods of Alternative Service?

If your spouse cannot be located, you must demonstrate to the court that you have made a diligent effort to locate them. It’s important to maintain records of all efforts to locate your spouse. If they cannot be served after reasonable efforts, the court can authorize alternative service methods. 

A common alternative when a spouse’s whereabouts are unknown is service by publication. This requires the petitioner to publish a notice of the divorce action in an approved newspaper for a specific period of time. Additionally, the court may offer: 

  • Service by mail 
  • Service by email or social media
  • Service through a known contact

How Do You Request Permission for Alternative Service?

Unfortunately, you can’t just turn to alternative methods of service if your spouse cannot be located. You must obtain court approval. To achieve this, you must file a Motion to Serve by Alternative Service or Publication with the Superior Court. You also need to submit an affidavit that details your diligent efforts to serve your spouse and explain why traditional service is not possible. 

The court will review your request and sign the order if approved. If approved, you will need to adhere to the court’s instructions for alternative service. If your spouse fails to respond after 20-30 days from when the alternative service was completed, you can pursue a default judgment. This means the court can grant you your requested terms regarding property division, custody, and support. It should be noted that Arizona requires a 60-day waiting period from the date of service to finalize the divorce. 

At Weingart Family Law, we can ensure proper service methods are used and fight to secure a valid divorce judgment. Connect with our firm today to schedule a consultation.