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Arizona Divorce Residency Requirements

Arizona Divorce Residency Requirements

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.

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