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We live in a mobile society, and in many cases a couple that splits up do not always continue to live in the same state. Or, it might be that one of the parties has only recently left the marital residence and moved out of state. If you have separated from your spouse in anticipation of, or in preparation of filing for divorce, it is important to know the residency requirements for filing your case in Arizona. This is especially true if you or your spouse have just moved either in or out of the State and are looking to dissolve your marriage.
The residency requirements for bringing your divorce action in Arizona include:
- The requirement that at least one of the spouses lived in the state 90 days prior to filing the case.
- You should file your case in the county in which you reside at the time the divorce is filed.
If you are able to establish residency for at least 90 days prior to filing, then you will be permitted to file a divorce in your county of residence. This is true even if your spouse does not live in that county, or even the State! However, it is beneficial to know that certain issues may be difficult for the Court to determine if your soon to be ex-spouse lives outside of the State of Arizona. To figure out how the residency requirement impacts you, contact a skilled family law attorney for more information. We will review the specific facts of your case, and provide you with options for your circumstances. In some instances it might be that you will have to wait a short time before filing your case, and if that is not an attractive option, you can consider filing in the state where you most recently lived. You might also think about seeing if your spouse, if they have been a resident of Arizona for 90 days, will initiate the case. These scenarios, while they do arise, do so infrequently and in most cases a person seeking to file divorce is able to do so right away.
For more information about divorce, contact our office. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.
