Legal Question in Family Law in Arizona

we married in AZ in 1996 she left in 2001 andwe had no contact since.I want to divorce so I can remarry I have no current information on her and should she turn up does she have the right to ask for alimony


Asked on 10/22/10, 12:07 am

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

If you don't know where to locate her (and don't know anyone else who might know how to find her), it is possible that the court can give you permission to publish notice of the divorce and obtain your decree by "default" (without her permission). When it is done in this way, the only thing the judge can do is divorce you (no orders regarding property, debts, support, or children if you have any), since she would not have notice of what you are asking for. I recommend you speak with a lawyer in your county to discuss your options and best course of action.

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Answered on 10/27/10, 6:15 am
Rich Peters R.J. Peters & Assoc., P.C.

You can seek a divorce by "publication". I would need to know more to assess her potential claim of spousal maintenance.

We can certainly help you consider and then pursue your options for a divorce.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 10/27/10, 2:34 pm


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