Legal Question in Family Law in Arizona
'' Refusal to accept certified letter''
My wife is required to give a sixty day written notice to her ex-husband of her plans to move out of state (to live with me in Nevada)by way of certified letter with return request. He has been known to not sign for or accept any certified mail. If he does not sign for or accept the notice, what is our recourse? We have tried to set up some sort of mediation with him but he just refuses to cooperate and she there fore is stuck in AZ
3 Answers from Attorneys
Re: '' Refusal to accept certified letter''
Under the applicable statute (A.R.S. 25-408.C), you can either send him notice by certified mail OR you can have him served by a process server or sheriff. If you think he'll refuse the mail, then it is probably best to spend the extra money and have him served. You will then have an Affidavit of Service to prove he received it. The other advantage is that a process server/sheriff can give the letter to anyone who lives at the residence, and the ex-spouse is deemed personally served. The same is not always true if another resident of the house signs for the certified letter.
Re: '' Refusal to accept certified letter''
You're only required to send certified. Keep proof that you tried. If you are sending it to his known address and he refuses the post office will mark it refused. There's your proof. Also, you may wish to file a Notice w/ the Court with a copy of your attempts. He is obligated to keep the Court informed of his current address.
Otilia
Re: '' Refusal to accept certified letter''
If he does not accept the certified letter, you might consider having the letter delivered to him by a process server so you can prove to the court that he was given appropriate notice.