Divorce & Annulment
questions & answers
Question: Where do I have a legal separation agreement turned into a divorce? Husband and I and our two kids lived in Japan from August 2014 to March 2015, he and I got legal separation through military JAG over there. The last duty station we were all at for longer than 6 months was in New Mexico. Kids and I are now staying in Arizona with my mom since March 3, 2015. Can I still file in NM since that's the last place we all lived, even if I don't have a current residence there? -we would both like to file the divorce ASAP.
Answer: You must file for divorce in the state in which you are domiciled, which means the state you live and intend to remain in indefinitely. In Arizona, per Arizona Revised Statute 25-312, you must have lived in Arizona or be stationed in Arizona for at least 90 days before filing for divorce. Per A.R.S. 25-1031 the children must live in the state for at least 6 months for the court to have jurisdiction over them. In cases where either of the parents are in the military A.R.S. 25-1013 states "if this state is the home state of a child at the time of the military deployment of that child's custodial parent outside of the United States and the child is relocated outside of the United States during the deployment, this state remains the home state of the child until the deployment ends." Other states have similar laws regarding military deployment and jurisdiction over children in divorce, but may or may not require a parent to return back to that state after their deployment ends to be considered the child's "home state."
QUESTIONS
-
Where do I have a legal separation agreement turned into a divorce? Husband and I and our two kids lived in Japan from August 2014 to March 2015, he and I got legal separation through military JAG over there. The last duty station we were all at for longer than 6 months was in New Mexico. Kids and I are now staying in Arizona with my mom since March 3, 2015. Can I still file in NM since that's the last place we all lived, even if I don't have a current residence there? -we would both like to file the divorce ASAP.
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Arizona Coalition to End Homelessness
View full description - St. Elizabeth of Hungary Clinic
View full description - Arizona Center for Disability Law-Phoenix
View full description - Arizona Center for Disability Law - Tucson
View full description - Pio Decimo Center
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.