So I have read all the postings that talk about putting an ad in local news papers. That's all fine and good but I would like to know what office to go to and get the process started. Is there an office I can visit to get information? Please dont say get an attorney either.... These days you can do these things yourself and save lots of money. Just may take more time. Well when your spouse has been gone for 5 years time is not an issue. :)
Ok so the divorce kit is an great TOOL for someone who has a spouse to sign the papers. Having just gone through an inter-state divorce, I know the legalities of an abandoned spouse. Unfortunately. Keep in mind that the laws I am tell you about apply to Druid Hills and ME, but should give you a running start. 1. You must file spousal abandonment (4-7 years) with the clerk of courts in YOUR current city. You can then ask for a martial divorce decree from either the same clerk of court or the deeds office. 2. File the divorce papers $250 to $300. There is a clause in the decree that you spouse is unavailable to sign due to abandonment. 3. I know that this law varies so you will have to look into it but you have to make the divorce public by declaration. There are several ways to do this I suggest the way that the court will most easily accept and the cheapest: you have to post an ad in TWO local papers stating your name, spouses name and that you are getting a divorce, will any disagreeing parties write to or contact John Doe at PO Box ….. Now this is where the law differs in Druid Hills you have to have it posted for 3 months. In Druid Hills its two months. Once the time is done you will have to schedule a time with the family courts, MAKE SURE YOU HAVE A DOCKET NUMBER. Then you will go in front of the judge with copies of your divorce papers, and ALL the publishing’s that you have done to try and contact your spouse. You will then ask that due to abandonment that the judge force divorce. If he des you will have to go through the same thing posting in the papers divorce for 2-4 months. It is possible but unlikely that the judge will ask for proof of your abandoned spouse. You can prove this by years of bills all in your name, rent, utilities, loans, health insurance. If necessary you can get affidavits from friends and family but that is another story. Good luck, why 5 years? I would have done it after 6 months.
Well I'm not sure about your situation or the laws in Tucson but in the case that she left you there are some laws that will allow you to file divorced based on abandonment (depending on the situation). Now I'm no expert on divorce or local laws of Tuscon.. but I thought I'd throw that in just in case it is any use to you.
It is possible, there are a few options for divorce according to Arizona state law. Here's a site that provides details on the law, and your options if your spouse cannot be found.
File your divorce, then you have to send the husband a certified copy Find the last known address and send the certified copy, he may not be there, but you tried and when he does not respond your divorce will go through I had to do this with my missing ex too......Az is a no fault divorce state, they give it to you no matter what.
You can pick up a divorce kit in your local bookstore and do it yourself. The only time you need a lawyer is when the divorce is contested.
This link is to the Pima County Supreme court. There are self-service forms and instructions on the site, relating to your situation. I hope it helps. Good *luck*!
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