Divorce & Annulment

questions & answers

Question: How do I divorce my husband when I don't know where he is haven't known for 11 years! I've 2 kids by him, I've been with a new man for the past 10 years i have a child with him do i have to include this child on the divorce papers?

Answer:

To file for a divorce, the proper paper work must be obtained from the Superior Court located in the appropriate county. (Court Locator) The paper work must be served upon the other party in the action. Arizona Rules of Family Law Procedure, Rule 27. The proper method of service can be found in Ariz. R. Fam. Law P. Rule 41. Unless the other party lives outside of the state, then Rule 42 will need to be used.

The Arizona Rules of Family Law Procedure can be found on the Rules of Court Website, if the links above do not work.

A man is presumed to be the father of a child if he and the mother were married any time in the ten months immediately preceding the child’s birth. A.R.S. 25-814.A.1. But, if another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected ONLY with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent. A.R.S. 25-814.B.