Phoenix, AZ – There are residency requirements in Arizona and every other state when a couple needs to file for divorce. In most cases, this may only require waiting a few months after moving to a new area. However, if there are serious problems that need a quick resolution, the person who is about to file to end the marriage should speak with a local attorney. Locating the proper venue can sometimes get confusing before or after a move, so the legal advice may be necessary before making any important decisions.
Residency requirements for people living in Phoenix
The couple must have resided in the state of Arizona for at least ninety days before the initial filing. It does not matter what city within Arizona they reside in for the purposes of filing. In some situations where there are ongoing custody issues, the waiting period can be increased. As a practical matter, the person filing the divorce papers should also realize that it will take a minimum of sixty days after the divorce is served before the marriage is formally dissolved.
Moving out of Arizona
If the person filing has recently moved out of Arizona and to another state, they will have to check that state’s residency requirements. Most states have a similar required residency period of somewhere between ninety days to six months, although some are more strict. There may be situations where someone who is not currently living in Arizona will still be considered an Arizona resident, and the state would be the appropriate venue to file the divorce action.
Situations where spouses travel
Arizona appellate courts have addressed issues related to whether the person who is filing and their spouse must have actually been present in the state for the entire ninety days before trying to get a divorce. As a general rule of civil procedure, courts in the state only have jurisdiction over people and property that are physically present in Arizona.
This is a common problem when one or both members of the couple travel frequently, and have families or business interests in other states or countries. As a practical matter, most people filing will have to state under oath that they are a resident of the state, and provide government documents, contracts, or bills such as property leases, driver’s licenses, or utility bills to show an Arizona address.
Divorce attorneys in Phoenix
Anyone who is considering a divorce in the Phoenix area has the option of getting help from a trusted local law firm. Schneider and Onofry is a group of lawyers who are experienced in all issues related to family law and divorces.
Firm contact info:
365 E Coronado Road, Phoenix AZ 85004