Serving Divorce Papers by Publication in Arizona
People who cannot locate their spouse need to know about serving divorce papers by publication in Arizona. When you file for divorce you are required to serve those divorce papers on your spouse. If you fail to serve those divorce papers on your spouse, the court will eventually dismiss your Arizona divorce case.
So, what can you do if your spouse is avoiding the process server or you cannot locate your spouse for some other reason? In Arizona, you may be able to serve your spouse by a means referred to as “service by publication”.
Service of divorce papers by publication simple means you publish your divorce papers in a section of a local newspaper where your spouse is believed to reside for a certain period of time. You, thereafter, would then file an Application and Affidavit of Default, attend a default hearing, present some evidence to the court, and then obtain a default divorce.
Requirements for Serving Divorce Papers by Publication in Arizona
The Arizona Court of Appeals in the published decision of Ruffino v. Lokosky issued a ruling that may impact what you must do before serving divorce papers by publication in an Arizona divorce case. Although the Ruffino case was not a divorce, the ruling should arguably apply in a divorce case in Arizona.
Service of Divorce Petition in Arizona by Publication
In the Ruffino case, the plaintiff served the complaint by publishing the complaint and summons in a local newspaper after not being able to successfully serve that complaint and summons on the defendant. The plaintiff then defaulted the defendant and was awarded a large judgment against the defendant. The defendant then moved to set the default judgment aside. The trial court set the default judgment aside and the plaintiff appealed.
The plaintiff hired a skip tracer to attempt to locate the defendant in order to serve the defendant with a process server. The skip tracer located three possible residential addressed for the defendant. The process server made several attempts at each of the addresses identified by the process server. At no time did the process server identify himself as a process server attempting to serve the defendant with the complaint and summons.
The plaintiff then moved the court for permission to serve the complaint and summons by publication, which the court denied. Despite that denial, the plaintiff made additional attempts at serving the papers after which the plaintiff published the complaint and summons in a local newspaper.
The trial court subsequently entered a default against the defendant and awarded the plaintiff a sizeable judgment. It should be noted that the rule pertaining to service by publication now no longer requires a plaintiff to ask the court for permission to serve by publication, so long as the correct rule is followed correctly.
Alternatives to Service by Publication in Arizona
The Arizona Court of Appeals ruled that securing personal jurisdiction over a defendant only occurs when proper service of those papers is made upon a defendant and failing to do so deprives the court of personal jurisdiction over a defendant rendering any judgment entered thereafter void.
The Arizona Court of Appeals indicated the plaintiff had many ways to make contact with the defendant, including emailing the divorce papers to the defendant, contacting the defendant by telephone, and reaching out to her on her social media accounts to verify where the defendant was living in order to personally serve the complaint and summons.
The Arizona Court of Appeals commented that these other means of communicating with the defendant were more likely to give the defendant notice of the lawsuit than publishing the complaint and summons in a local newspaper. The Court of Appeals noted the plaintiffs should have asked for permission from the court to serve by these other means, such as email or other electronic means.
If you have questions about serving divorce papers by publication in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
More Articles About Divorce in Arizona
- The advantage of Filing Divorce First in Arizona
- Are Prenuptial Agreements Enforceable in Arizona
- Arizona Divorce
- Arizona Divorce Attorney Reviews
- Arizona Divorce Child Custody
- Arizona Divorce Debt
- Arizona Divorce Forms
- Arizona Divorce Laws
- Arizona Divorce Laws Alimony
- Arizona Divorce Laws and Statutes
- Arizona Divorce Laws on Adultery
- Arizona Divorce Papers
- Arizona Divorce Practice
- Arizona Divorce Process
- Arizona Divorce Records Search
- Arizona Marriage Laws
- Asset and Property Search in an Arizona Divorce
- Arizona Divorce When You Can’t Find Your Spouse
- Change to Maiden Name After Divorce in Arizona
- Changing Orders in an Arizona Divorce Decree
- Children and Divorce in Arizona
- College Expenses After Divorce in Arizona
- Complex Divorce Cases in Arizona
- Conciliation Court Services in Arizona
- Consent Required for Marriage of Minors in Arizona
- Considering the Children during a Divorce in Arizona
- Convert to a Covenant Marriage in Arizona
- Coping With Divorce in Arizona
- Court Services to Save a Marriage in Arizona
- Custody of the Family Pet in a Divorce in Arizona
- Dissolution of Marriage in Arizona
- Divorce After Legal Separation in Arizona
- Divorce and Children in Arizona
- Divorce Arizona
- Divorce Case is on the Inactive Calendar in Arizona
- Divorce Court Jurisdiction in Arizona
- Divorce in Arizona Without Children
- Divorce Procedures in Arizona
- Divorce Records in Arizona
- Divorce Statistics in Arizona
- Divorce Support Groups in Arizona
- Domestic Violence and Divorce in Arizona
- Effect of Adultery on an Arizona Divorce
- Effects of Divorce on Children in Arizona
- Enforceable Arizona Prenuptial Agreements
- Failure to Include an Issue in an Arizona Divorce
- Filing for Divorce in Arizona
- Filing for Divorce to Receive Alimony in Arizona
- Guide to Divorce for Men in Arizona
- High Asset Divorce in Arizona
- High Conflict Divorce in Arizona
- High Net Worth Divorce Arizona
- How is a Divorce Finalized in Arizona
- How Long Does a Contested Divorce Take in Arizona
- How Long Does it Take to Get a Divorce in Arizona
- How Long Does it Take to Get Divorced in Arizona
- How Long Does Uncontested Divorce Take in Arizona
- How Long To Be Separated Before Divorce in Arizona
- How long to get Temporary Orders in Arizona
- How Much Does it Cost to Get a Divorce in Arizona
- How to Appeal a Divorce Decree in Arizona
- How To Find Good Divorce Attorney in Arizona
- How to Start a Divorce in Arizona
- Learn About Uncontested Divorce in Arizona
- Legally Separated File Divorce in Arizona
- Marital Settlement Agreement in Arizona
- The merger of the Settlement Agreement in Arizona
- Military Divorce Laws in Arizona
- Misled Into Signing Divorce Settlement in Arizona
- Modifying a Divorce Decree in Arizona
- No Contest Divorce in Arizona
- No-Fault Divorce in Arizona
- Order to Pay Spouses Attorney Fees in Arizona
- Parenting Class During a Divorce in Arizona
- Petition for Dissolution of Marriage in Arizona
- Protect Children in a Divorce in Arizona
- Quick Divorce in Arizona
- Reasons for Divorce in Arizona
- Reasons to File for Divorce in Arizona
- Represent Yourself in Arizona Divorce Case
- Same-Sex Divorce in Arizona
- Sealing Court Records in an Arizona Divorce
- Sell Home During Divorce in Arizona
- Selling Property During a Divorce in Arizona
- Served With Divorce Papers in Arizona
- Should I Keep the House in a Divorce in Arizona
- Social Media Evidence in Divorce in Arizona
- Stop an Arizona Divorce
- Stop an Arizona Divorce if You Change Your Mind
- What Happens at a Resolution Management Conference in Arizona
- What Happens If the Divorce Case Goes to Trial in Arizona
- What Happens Temporary Orders Hearing in Arizona
- What is a Covenant Marriage in Arizona
- What is a Default Divorce in Arizona
- What is a Family Law Master in an Arizona Divorce Case
- What is a Preliminary Injunction in an Arizona Divorce
- What is a Temporary Orders Hearing in Arizona
- What is the Divorce Process in Arizona
- What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage in Arizona
- What to do When Served with Divorce Papers in Arizona
- When Can I File For Divorce in Arizona
Chris Hildebrand wrote the information on this page about serving divorce papers by publication in Arizona to ensure everyone has access to information about divorce laws in Arizona. Chris is a divorce attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a divorce.