If you live in Arizona and your spouse has moved to another country, or gone back to their home country, you may feel trapped in your marriage. You might be wondering how to get a divorce if your spouse is in a foreign country, refuses to sign papers, or ignores everything you send.

This page is for Arizona spouses in that position. It explains when you can file for divorce here, how service of papers works when the other person is overseas, and what can happen if they never respond. You will also see how Arizona courts handle children, money, and property across borders, and when it makes sense to talk with an Arizona family law attorney about a plan that fits your situation.

When Your Spouse Lives Abroad and Won’t Cooperate: Understanding Your Situation

Finding out that your spouse has moved to another country can make divorce feel out of reach, especially if they refuse to sign papers or avoid all contact. Even so, many people in Arizona are still able to move forward with a divorce in this situation.

In most cases, you do not need your spouse’s permission to get divorced. In Arizona, one spouse can file even if the other does not agree, does not sign, or lives outside the United States. The harder part is the “how”, which court has authority over your case, and how to give your spouse proper legal notice of the divorce.

Your situation depends on a few key facts: where you live now in Arizona, where your spouse is living overseas, whether you know their current address, and whether there are children or property involved. It is very different if your spouse is at a known address in a country that follows the Hague Service Convention, compared to hiding in an unknown location or refusing to accept any mail from you.

Once you understand these basics, you can start to see your options more clearly: whether you can file in Arizona, what methods of serving papers might work in your case, and what may happen if your spouse never signs or responds.

Can You File for Divorce in Arizona if Your Spouse Lives in Another Country?

For most people in this situation, the main question is simple: can you start the divorce in Arizona even if your spouse is living in another country and will not sign anything? In many cases, the answer is yes.

Arizona courts can usually handle your divorce if you meet the state’s residency rules. In general, at least one spouse must have lived in Arizona for 90 days or more before filing. If there are children and you want Arizona to handle custody, the children usually must have lived in Arizona for at least six months, or Arizona must be their “home state.” These rules are about where the case belongs, not where your spouse is currently living.

You also do not need your spouse’s agreement to file. One spouse can file a Petition for Dissolution of Marriage in the Superior Court for the Arizona county where they live, such as Maricopa County or Pima County. The court can move forward even if the other spouse is overseas and refuses to sign or cooperate, as long as you follow the rules for giving them legal notice.

However, what the Arizona court can do in your case depends on “personal jurisdiction” over your spouse. If your spouse has strong ties to Arizona, for example, they lived here during the marriage or own property here, the court may have power to divide property, assign debts, and order support. If your spouse has no real connection to Arizona, the court may still be able to end the marriage but could be limited in what it can order about money or property outside the state.

Understanding where you live, where your spouse has ties, and whether children or major assets are involved helps you and your lawyer decide if filing in Arizona is the right starting point.

How to Serve Divorce Papers When Your Spouse Is in a Foreign Country

Once you file for divorce in Arizona, the next major step is “service of process”, giving your spouse formal legal notice of the case. When your spouse lives in another country and will not sign anything, this can feel like the biggest roadblock. It is also one of the most important parts of your case, because the judge usually cannot move forward until service is done the right way.

If your spouse were here in Arizona and willing to cooperate, they might simply sign an Acceptance of Service. When your spouse is overseas and refusing to sign, that is not an option. Instead, you must use a method of service that both Arizona and, often, the other country will recognize as valid.

The right method depends on where your spouse is living, whether that country has signed certain international treaties, and whether you know their address. In many Arizona cases, service on a foreign spouse falls into one of these general paths:

• formal service through an international treaty (like the Hague Service Convention),
• formal service through that country’s courts using “letters rogatory,”
• service by mail or personal delivery if both Arizona rules and the other country allow it, or
• alternative service, such as publication, when your spouse cannot be located or other methods fail.

Each method has its own rules about how papers are delivered, what must be translated, and how long it may take. For example, serving someone through the Hague Service Convention can take several months, and some countries are very strict about not allowing private process servers. Other countries are not part of any treaty at all, so your Arizona lawyer may need to work with local counsel or the foreign court system.

If you truly do not know where your spouse is, or you can show the judge that you tried hard to serve them and could not, you may be able to ask the Arizona court for permission to use alternative service. That might include publication in a newspaper or another method the judge believes is reasonably likely to give notice in your situation.

Because service on a foreign spouse is technical and very fact‑specific, careful planning makes a big difference. Getting it right can allow your Arizona case to move forward, even when your spouse is overseas and refuses to sign or respond.

What Happens if Your Spouse Won’t Sign or Never Responds to the Divorce?

When your spouse lives in another country and refuses to sign or respond, it can feel like they are blocking the divorce. In Arizona, they usually cannot stop the divorce just by ignoring it. What matters is whether they were properly served and whether they file a written response with the court by the deadline in the summons.

If your spouse is correctly served in the foreign country and still does nothing, you can usually ask the court to move toward a “default” divorce. After the time to respond has passed (often 30 days or more when someone is served outside Arizona), you or your lawyer can file paperwork asking the clerk to enter default. The court will then schedule a default hearing or review. At that point, the judge can decide whether to grant a divorce and what orders to make, even though your spouse never signed anything.

A default divorce is not automatic. The judge will usually want proof that service was done the right way and that you gave your spouse enough time to respond. You may also need to provide evidence about property, debts, income, and children so the judge has a basis for making fair orders. If the court does not have personal jurisdiction over your spouse, it may be able to end the marriage but be limited in what it can order about money, support, or property outside Arizona.

If your spouse does respond from overseas, the case becomes contested rather than default. Hearings may be held by video or phone, and the court will treat your spouse’s filings much as it would if they still lived in Arizona. The process can take longer and may involve more negotiation or trial time.

If there is no response because you were never able to complete proper service, the court usually cannot move forward. In that situation, the next step is not default, but returning to service options, for example, asking for permission to use alternative service if you have made serious efforts and still cannot reach your spouse.

Kids, Money, and Property Across Borders: Special Issues in Arizona Divorces

When your spouse lives in another country, questions about children, money, and property can be even harder than simply asking, “Can I get divorced?” These are also the areas where Arizona courts may be more limited if your spouse will not appear or cooperate.

For children, Arizona courts use “home state” rules and safety concerns to decide whether they can make custody and parenting‑time orders. Arizona can usually handle these decisions if the children have lived here for at least six months before the case is filed, or if Arizona was their last home state and they recently moved. If the children live in another country with the other parent, the judge has to look more closely at where the children have real ties and whether there are any existing foreign court orders.

Parenting time and travel are more complicated when one parent is overseas. The court may look at the cost of travel, school schedules, and whether a child can safely travel to the other country. If you are worried the other parent might keep the children and not return them, you should tell your Arizona lawyer. The court can sometimes limit travel, require detailed travel plans, or order that children’s passports be held in a safe place.

Child support is often handled through the Arizona case if the court has jurisdiction over at least one parent and the child. If the other parent lives abroad and never appears, enforcing a support order in their country can be difficult. Some countries have agreements with the United States to help with child support enforcement, and others do not, which affects how practical collection may be.

Money and property also raise special issues. Arizona is a community property state, so the court normally divides property and debts created during the marriage. If your spouse has strong ties to Arizona, the court may be able to divide bank accounts, retirement, and real estate here, and sometimes address accounts held abroad. If most of the property is in another country and your spouse will not participate, the judge may be limited in what they can order about those assets.

In some cases, an Arizona judge will “bifurcate” the case, ending the marriage now, but leaving some money or property issues open because they cannot fairly or legally decide them without your spouse. This can still give you legal closure, but it may not resolve every financial issue tied to another country.

Because kids, money, and property can cross borders in many different ways, these are areas where detailed legal advice is especially important. An Arizona family law attorney can help you understand what the court can realistically do in your situation and what might need to be handled in another country.

Step‑by‑Step: How to Move Forward With an Arizona Divorce When Your Spouse Is Overseas

When you are ready to move forward, it helps to think of an Arizona divorce with an overseas spouse as a series of clear steps. The details can be complex, but the basic roadmap is similar in many cases.

First, make sure Arizona is the right place to file. That usually means you (or sometimes your spouse) have lived in Arizona long enough to meet residency rules and, if you have children, that Arizona can be their “home state” for custody. An Arizona family law attorney can help you sort this out early so you do not waste time in the wrong court.

Next, gather key information and documents. You will want your spouse’s last known address and contact details, basic information about your income and assets, and details about any children and where they have lived. This helps your lawyer prepare the Petition for Dissolution of Marriage and any custody or support requests.

You or your lawyer then file your petition in the Superior Court for the Arizona county where you live and pay the filing fee or request a fee waiver. After that, the focus shifts to service. Based on where your spouse lives and how much you know about their location, your lawyer will choose a method such as treaty‑based service, letters rogatory, mail or personal delivery (if allowed), or asking the judge for alternative service.

Once your spouse is served, you wait for the response deadline. If they still refuse to sign or respond, you may be able to seek a default divorce. If they do respond from overseas, the case moves forward as a contested matter, often with remote hearings. Your role is to be honest, organized, and responsive so your Arizona lawyer can keep the case moving, even when your spouse will not cooperate.

How Strong Law Helps With International and Uncooperative Spouse Divorces in Arizona

When your spouse is in another country and will not sign or respond, it helps to have someone on your side who understands both Arizona family law and the extra layers that come with international service. Strong Law works with Arizona clients in this situation and helps them create a practical plan instead of feeling stuck.

From the start, a lawyer can look at where you and your spouse live, where your children and property are located, and whether Arizona is the best place to file. Strong Law prepares your divorce petition, helps you gather key financial and family information, and outlines options for serving your spouse abroad, whether through a treaty process, foreign courts, or asking the judge for alternative service.

If your spouse still refuses to participate, Strong Law guides you through requesting default and presenting evidence so the court has what it needs to move forward. If your spouse does respond from overseas, the firm represents you in negotiations, remote hearings, and trial if needed, and works to keep your Arizona divorce moving even when your spouse will not cooperate.

FAQs About Divorcing a Spouse in a Foreign Country From Arizona

Do I need my spouse’s signature to get divorced in Arizona if they live abroad?

No. In Arizona, one spouse can file for divorce even if the other does not agree, will not sign, or lives in another country. What matters is that you follow the rules for serving them with the papers, not that they sign a consent.

What if I don’t know my spouse’s exact address in the other country?

You still must make real efforts to find them, such as checking with family, friends, social media, or past employers. If you can show the judge you tried and still cannot locate them, you can ask for permission to use alternative service, such as publication or another method the court approves.

How long does an international divorce case usually take in Arizona?

These cases often take longer than a typical Arizona divorce because international service can take several months. If your spouse contests the case from overseas, that can also add time. A lawyer can give you a more realistic range based on the country involved and your specific facts.

Can an Arizona judge divide property or order support if my spouse never appears?

Sometimes. If your spouse has strong ties to Arizona, the court may be able to divide property and order support. If they have little or no connection to Arizona, the judge may still be able to end the marriage but have limited power over money, support, or property outside the state.

Will my Arizona divorce be recognized in my spouse’s country?

Many countries will recognize a properly handled Arizona divorce, but not all. Recognition depends on that country’s laws, and you may need advice from a lawyer there if recognition or enforcement overseas is important to you.

Talk With an Arizona Divorce Lawyer About Your Next Step

If your spouse is living in another country and will not sign or respond, you do not have to sort this out alone. An Arizona family law attorney at Strong Law can look at where you, your spouse, your children, and your property are, and help you understand what is realistically possible in an Arizona divorce. If you would like to talk through your options or ask questions about serving papers abroad, use the form below to reach us and request a consultation.