Legal Question in Family Law in Arizona

Divorce by Public Notice

I was told that I could post public notices to declare my divorce from my husband that lives in another state, he abandoned my son and I over 2 years ago and can not be located. I am wanting to divorce him but am disabled and unable to afford an attorney, the suggestion was made to divorce him by public notice. How do I go about doing this and is legally binding to divorce him? I need to divorce him because I am looking at purchasing a home through a lender and as this is a community state he will need to on the deed as well.


Asked on 8/25/01, 1:36 am

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Divorce by Public Notice

For a court to enter a divorce decree, the respondent must be served with a copy of the divorce petition that you file. If you cannot serve the respondent personally, you can ask the court's permission to serve him by publication (this means publishing notice of the divorce proceedings in the county where you plan to divorce, and possibly also in the county of your husband's last known address out of state). He is considered served when the publication is complete.

Because he is out of state, he is allowed 30 days to respond to the divorce petition. If he fails to do so, he is in default. After a couple of procedural hoops, including some paperwork and a brief hearing, the court can enter your divorce decree without your husband's participation.

If you would like to discuss this matter further, please do not hesitate to contact me.

/s/ Monica H. Donaldson, Esq.

[email protected]

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Answered on 9/04/01, 1:07 am


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