Divorce & Annulment

questions & answers

Question: My husband and I lived in Pima county, I moved out and now live in Maricopa Co. What reuirements do I have to meet to esablish residency in Maricopa so I can file for divorce here?

Answer:

(1) ARS § 12-401(13), Venue, states:

...Actions for dissolution of marriage or legal separation shall be brought in the county in which a petitioner is residing at the time the action is filed.

(2) Also, note the language of ARS § 12-404:

ARS § 12-404, Action brought in wrong county; jurisdiction; application for transfer; hearing

A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is brought an affidavit of the defendant, his agent or attorney, stating that the county in which the action is brought is not the proper county and stating the county of the defendant's residence, and praying that the action be transferred to the proper county.

B. A copy of the affidavit shall be served upon plaintiff, and unless the affidavit is controverted under oath, within five days after service, the court shall order the action transferred to the proper county.

C. If the affidavit is controverted, the court shall hear the issue thus presented and shall order the action retained in the court in which it is brought, or transferred to the proper county.