questions & answers

Question: I was incarcerated in july of this year and was released just recently, during that time my wife and 2 children had moved to kansas I am most likely to file for divorce and will be seeking joint custody. I am planning on having the kids for their summer break and winter breaks.Since she is out of state what is the procedure for this to occur and what must I file,also will she have to come back to Arizona for the proceedings or can she remain in Kansas?

Answer:

The laws regarding marriage and divorce are different in each state. In Arizona, Title 25 of the Arizona Revised Statutes (A.R.S.) contains the laws pertaining to domestic and marital relations. In order to file for divorce in Arizona A.R.S. § 25-312 states, "That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state 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." Whether the case will ultimately end up in Kansas or Arizona depends on many different factors and is for the court to decide. 

You may want to review the information on this site about divorce in Arizona. These articles will give you some background information about the procedures for divorce in Arizona. Some of the courts have self-service centers that have forms and informational packets available. You can find the contact information for the courts through the courts locator tool on the Arizona Supreme Court's website. Other courts and law libraries have those same forms and informational packets available online, such as Maricopa County, Pima County and Coconino County.

To find out more about child custody in Arizona, you may want to review the child custody information on this site as well as the already answered questions posted to the site.

If you would like to find out how these laws apply to your specific situation, you may want to consult with an attorney.