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How do I reopen a divorce case?

Tucson, AZ |

My ex filed for divorce and had the entire thing completed without my knowledge. He told me he wanted a divorce several months after filing and a few days before the final hearing which I was never informed of. I don't want anything except for my name off of the loan on the house we shared. Is there a specific form I can use to petition they reopen the case? He is in the military and had me move to California where he told me he was going to be stationed but his orders were really for Florida. He has been receiving payments from the military for me for months after the divorce was completed and just informed them of the divorce a few days ago. He is refusing to refi and I can't buy a new home without him doing so.

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Attorney answers 2


He can not legally divorce you without you being served. The first thing you should do is obtain a copy of the court file to determine rather or not you were ever served or if your signature is on anything in the file.

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I received the divorce documents from a few different people (since I live in CA and can't go to court myself), but there was nothing regarding proof of service. Do you know where I can find the form for the motion to set aside divorce decree? I checked Pima County website and could not locate it.

Patrick S Sampair

Patrick S Sampair


There would have to be a proof of service in the court's file in order for the judge to grant the divorce. Contact the court for a copy before you file or do anything else.


If a petition for dissolution of marriage is filed but not pursued, it will usually be placed on the inactive calenar before being dismissed. If your case has not been dismissed, you should be able to get a copy of the Petition for Dissolution of Marriage and then file a response. You do not need to wait for service. The court will most likely set a hearing once you file a response or a request for a hearing or trial. If the case is inactive, you may need to request that it be placed back on the active calendar and that a hearing be set.

If the matter was dismissed because neither party wished to pursue the divorce at the time, then you will need to file a new Petition for a Dissolution of Marriage. The court will handle it as a new case.

Since you are still a residence of Arizona you can file here even if he has moved. There are self-help forms available on -line or at the Superior Court. You may be able to look up your case at Arizona Public Access.

This answer is intended to only provide general information and does not establish an attorney- client relationship. You may wish to consult with an attorney regarding your specific case.

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