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Q: How to finalize a divorce with an absent, uncontactable spouse in Arizona?
I'm seeking guidance on finalizing a divorce from my children's father, whom we haven't seen or spoken to since October 2019. Despite filing for divorce in July 2020, the case was dismissed due to lack of service, largely because of the pandemic. He has been involved in domestic violence, leading to PTSD for both myself and my daughters. I wish to terminate his parental rights and change my daughters' last name due to the trauma experienced. I've run a background check on him and found potential arrest warrants under various aliases, but I cannot afford a private investigator. How should I proceed given these circumstances?
A:
You can ask the court for permission to serve him via alternative means, which Clint can include serving him by publication in local newspapers. I would need to know more to give you more specific advice. As determination, if he has not seen the children or provided any support for more than six months, by definition he has abandoned the children which could warrant a termination. However, there is more to consider in that process, it's merely abandonment May not be enough. The court does have to determine that the termination is in the children's best interests, which often requires a new Father figure.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
A:
In Arizona, when your spouse cannot be located despite reasonable efforts, you can still move forward with the divorce through a process called **service by publication**. To do this, you’ll first need to demonstrate to the court that you’ve tried in good faith to find him—this includes attempts like checking with family, searching online, running background checks, or checking with jails. Once the court agrees that he is truly uncontactable, you can request permission to serve notice of the divorce by publishing a legal notice in a newspaper.
After publishing the notice for the required time, typically four consecutive weeks, and if he still doesn't respond, the court can grant you a **default divorce**. In that process, you can ask for legal decision-making authority (custody), parenting time, and child support, though child support orders might be limited if his income is unknown. You can also request a name change for your children as part of the divorce, especially if it’s in their best interest given the trauma involved.
To address parental rights, terminating them is a separate legal action and has a high standard—you’ll need to show clear evidence that it’s necessary for the children's well-being. His history of domestic violence and complete absence may support your case, but the court may still want a solid record. Since you're doing this without an investigator, keep documenting everything you try in locating him and keep records of the trauma your family has faced. You’re not alone in this, and with persistence and proper filings, the court can help you move forward and create a safer future for your family.
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