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Divorce & Annulment

Questions & Answers

Question: I'm in the process of filing for divorce. What is the best way to serve papers to my husband, who is currently in AZ State Prison? I have not had contact w/him for over 2 years, & do not wish to take them to him personally.

Answer: Rules 40 through 43 of the Arizona Rules of Family Law Procedure will apply to serving divorce papers on spouse. Since he lives within the State of Arizona, you will want to use Rule 41. You must serve the summons, pleading and other documents together. Under Rule 41 you have the option of serving him through an authorized agent. You may also want to consult an attorney in regards to your divorce since they may be able to serve the papers on your husband, as private process servers tend to be expensive. Since your husband is in jail you may want to obtain the inmate number (call the jail and have his SS#). You can then have process served by a sheriff or private process server. More than likely, certified mail will not work since he probably will not be able to sign for it. It may be to your benefit to call the jail and ask how they would recommend you serve the papers to your husband.

July 02, 2009