my wife has left and is in the uk I have her fathers address and he knows where she is but will not tell me can i send the papers to him

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my wife has left and is in the uk I have her fathers address and he knows where she is but will not tell me can i send the papers to him

Asked on June 15, 2009 under Family Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

According to the Arizona Rules of Civil Procedure:

Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:

  • by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or
  • if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
    1. in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or
    2. as directed by the foreign authority in response to a letter rogatory or letter of request; or
    3. unless prohibited by the law of the foreign country, by
    4. delivery to the party to be served personally of a copy of the summons and of the pleading; or
    5. any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
  • by other means not prohibited by international agreement as may be directed by the court.

As you can see it gets a little complicated.  You should really consult with an attorney on this.  If money is an issue try legal aid or see if they can recommend a free or low cost legal clinic to help you.  If you live near a law school many times they will have legal clinics that handle divorce matters.  Since proper service of process is critical to your divorce action you want to make sure that you get it right.

Best of luck.


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