When it comes to the eligibility to file for a divorce, each state has their own dissolution of marriage laws. Arizona, like
other states, protects its jurisdiction – making sure that the appropriate
laws are applied to appropriate cases with the appropriate interpretation.
If you are considering filing for divorce and you want to avoid having
your case dismissed, the first and most important step is to determine
that you meet
Arizona divorce residency requirements.
One of the most common mistakes people make when getting divorced is believing
that they are required to obtain their divorce in the state they resided
in at the time of their marriage. This is inaccurate. The majority of
divorce cases in the United States are actually filed in the county where
the filing spouse lives.
Residency requirements must be met before the court will accept a dissolution
of marriage case in Arizona. If the court discovers that they do not have
jurisdiction of the case, it will either not be accepted or it will be
dismissed later on down the road.
What are Arizona Divorce Filing Requirements?
The Arizona Statutes governing Arizona divorce filing requirements indicate
that one of the parties involved in the dissolution of marriage must have
been a resident of the state at the time of filing or one of the parties
must have been stationed in the state as a member of the armed forces.
In either instance, the residency must have been maintained for a minimum
of ninety days before filing the dissolution of marriage petition. When
children are involved, the minimum is increased to 6 months. (Arizona
residency requirements for divorce paraphrased from applicable state laws.
If you need additional information regarding Arizona residency requirements
for filing for dissolution of marriage, please get in touch with a divorce
lawyer at Arizona Family Law Attorneys.
If you do not meet the residency requirements for Arizona divorce, you
still have options. Some will decide not to get divorced and attempt to
save their marriage instead. Others will simply postpone filing in order
to establish the necessary residency as determined by Arizona law. In
some instances, the individual wishing to file may have a spouse who can
file that does meet residency requirements. If there is another state
in which you or your partner reside, look into the residency requirements
of that state to see if you qualify to file for dissolution of marriage.
For more information on
filing for dissolution of marriage or Arizona divorce residency requirements, get in touch with Arizona Family
Law Attorneys. We can provide you with more information and discuss your
case with you in detail to determine the next step.