Service of process in divorce proceedings typically requires personal delivery of the relevant legal documents to the respondent. However, when direct personal service proves impossible due to the respondent’s unknown whereabouts or active evasion, Arizona law provides an alternative: service by publication. This method involves publishing a notice of the divorce action in a newspaper deemed likely to reach the respondent, thereby providing constructive notice of the proceedings. For example, if a petitioner has made diligent efforts to locate their spouse without success, and the court approves, a notice may be published in a local newspaper in the area where the respondent was last known to reside.
This alternative service method ensures that divorce proceedings can progress even when one party is difficult to find. It safeguards the petitioner’s right to pursue legal action and resolve marital issues. Historically, publication served as a crucial mechanism for providing legal notice in an era where tracking individuals was far more challenging. Its continued availability under Arizona law balances the need for due process with the practical realities of locating individuals who may be intentionally avoiding contact or whose whereabouts are genuinely unknown.
