What do I need to get a divorce in Dayton, OH., where my wife is, when I live in Arizona?

Question:

What do I need to get a divorce in Dayton, OH., where my wife is, when I live in Arizona?

Should I get a legal separation first? We have a house in Dayton, Ohio. Am I entitled to one half of the house we own together in Dayton? There are two vehicles. Am I entitled to one of them? I am unemployed and on disability and now reside in AZ. She is a teacher and a retired Air Force Officer and resides in Dayton, Ohio. Am I entitled to her retirement for the period we were together? Am I entitled to spousal support or alimony, and health insurance when we get divorced?

Answer:

You may be able to file for divorce in AZ which would certainly be easier for you. As well, AZ laws may be more favorable to you as well since AZ is a community property state.

Under AZ law, you would be entitled to an equitable division of all community assets and liabilities, which would include the portion of any retirement funds acquired during the marriage.

Under AZ law, you may or may not be entitled to spousal maintenance, depending on several factors. If this is a marriage of long duration, there is a good chance that you are entitled.

You should seek a consultation with an experienced family law attorney in AZ to see if filing here is an option.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
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