Ending a marriage is difficult under any circumstances, but it becomes even more challenging when you can’t find your spouse. Whether they moved without telling you, disappeared years ago, or are intentionally avoiding contact, you may feel stuck. Fortunately, Arizona law allows you to get a divorce even if your spouse is missing. The process takes extra effort, but you have options. With the right approach, you can move forward and regain control of your future. We’re here to guide you through each step and make the process as smooth as possible.
Making a Reasonable Effort to Find Your Spouse
Before the court allows you to proceed with a divorce, you must show that you made a good-faith effort to locate your spouse. This means taking reasonable steps to find them, even if you haven’t been in contact for years.
Start by checking with mutual friends, family members, and past employers. Search online, including social media and public databases, to see if they have left any digital traces. If you know where they lived last, you can look through property records, voter registrations, or DMV records.
If you still can’t find them, document your efforts. Courts require proof that you exhausted all reasonable options before allowing you to serve divorce papers by publication. We can help you gather the necessary documentation and ensure you follow the right steps. Taking these measures not only satisfies legal requirements but also protects your case from future challenges.
Serving Divorce Papers by Publication
If you cannot find your spouse after making a reasonable effort, Arizona law allows you to serve them by publication. This process involves publishing a notice of the divorce in an approved newspaper for a set period, typically four consecutive weeks.
Before you can serve by publication, you must file a request with the court and prove that personal service is not possible. The court will review your search efforts and, if satisfied, grant permission to proceed. Once the notice has been published for the required time, the newspaper will provide proof of publication, which must be filed with the court.
Serving by publication allows your case to move forward even if your spouse remains missing. However, this method may limit what the court can decide, particularly regarding child support or spousal maintenance. We can guide you through this process and ensure all legal requirements are met.
Moving Forward with a Default Divorce
If your spouse does not respond within the required time after service by publication, you can request a default divorce. In Arizona, the waiting period is typically 30 days from the final publication date. If no response is filed, the court may grant your divorce based on the terms outlined in your petition.
A default divorce allows you to move forward without your spouse’s participation. However, while the court can finalize the divorce and divide property, it may have limited authority over child custody, child support, or spousal maintenance without direct service. If your spouse later resurfaces, they may try to challenge parts of the ruling, but a properly handled default judgment can protect your interests.
Finalizing the Divorce and Next Steps
Once the court grants your divorce, it becomes legally binding, even if your spouse never appears. The terms of the divorce, including property division and marital status, are final unless your missing spouse later challenges them. However, enforcing certain orders—such as child support—may be difficult if they remain unreachable.
If your spouse resurfaces, they may attempt to reopen the case, but courts do not easily overturn default judgments. Taking the right steps from the beginning strengthens your case. We can help you finalize your divorce properly and address any future concerns.
You Can Move Forward, Even If Your Spouse Is Missing
You don’t have to stay in limbo just because your spouse is missing. Arizona law provides a path forward for Phoenix spouses seeking to get a divorce, and Cohen Family Law is here to help. If you’re ready to start the divorce process, contact us today to schedule a consultation and discuss your next steps.
