questions & answers

Question: Separated now for 7 months and had to move in with my brother's family in Utah because we had no money. Should I file for divorce in Utah or AZ? We filed & granted Bankruptcy last April. We have very left (furniture). I still help him out with bills occasionally & my name is still on utilities etc. in AZ

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. According to A.R.S. § 25-312 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00312.htm&Title=25&DocType=ARS), in Arizona, the court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action for dissolution of marriage was commenced, was domiciled in Arizona, or was stationed in Arizona while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage. 2. The conciliation provisions of A.R.S. § 25-381.09 and the provisions of article 5 (A.R.S. § 25-351 - § 25-355) of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in A.R.S. § 25-903. 4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property. According to Utah Code § 30-3-1 (http://le.utah.gov/code/TITLE30/htm/30_03_000100.htm), the court may decree a dissolution of the marriage in all cases where one of the parties has been an actual and bona fide resident of Utah and of the county where the action is brought, or if members of the armed forces of the United States who are not legal residents of Utah, where the party filing petition for dissolution of marriage has been stationed in Utah under military orders, for three months next prior to the commencement of the action