When you know it’s time to file for divorce, figuring out where and when to file may be among your top priorities. In most states, including Arizona, there will be some basic requirements that have to be met in order for divorce cases to proceed there.
To clarify just what these requirements are in AZ, below are answers to some of the most commonly asked questions about Arizona divorce requirements. When you need professional assistance preparing for and resolving an Arizona divorce case, however, contact Scottsdale Divorce Lawyer Karen A. Schoenau.
Important Info About Arizona Divorce Requirements
Q – Are There Residency Requirements to File for Divorce in Arizona?
A – Yes. In order to be able to file for an Arizona divorce, at least one partner in the marriage has to have lived in Arizona for at least the past 90 days. When this requirement has been met, couples can file for divorce in Arizona on the grounds of “irreconcilable differences,” as Arizona is a no-fault divorce state.
Q – What If I Don’t Meet the Residency Requirements for an Arizona Divorce?
A – Then you have a few options. You can either wait to file for divorce in Arizona on the 91st day you have lived in the state. Or, you can consider filing for divorce in one of the few states that have no divorce residency requirements if you need to end your marriage as soon as possible. These states include Alaska, Washington and South Dakota.
What is best for you in this situation will depend on the specifics of your circumstances, as well as your goals. An experienced divorce lawyer can assess your situation and advise you on your best options for proceeding.
Q – Can I File for Divorce in Another State?
A – Yes, as long as you meet the other state’s residency requirements and have an acceptable grounds for divorce in that state. Deciding when and where to file for divorce can be an important part of the divorce planning process, especially in consideration that some states may have divorce laws that are more (or less) beneficial to you.
Q – What If One Partner Is in the Military?
A – While the Arizona divorce requirements will still need to be fulfilled for military members who want to pursue a divorce in the state, if that member is currently deployed, things can change a bit.
Specifically, if the military member is deployed and the other partner wants to (or moves forward to) file for divorce in Arizona (or any other state), federal law dictates that the divorce case will be on hold for the full term of the deployment – and potentially for as long as 60 days following the return to the U.S.
Q – Should I Contact an Attorney for Help?
A – Yes. If you want to make sure that you are positioning yourself for a favorable resolution to your divorce, talk to an experienced divorce lawyer as soon as you can to get more information about your options, where and when to file and what else you may need to do to protect your interests.
Contact Scottsdale Divorce Lawyer at the Law Office of Karen A. Schoenau
For experienced, effective representation in an Arizona divorce case, contact Scottsdale Divorce Lawyer Karen Schoenau and schedule an initial consultation with her today. You can set up this meeting by calling 480-467-3435 or by emailing us using the drop-down contact form at the top of this page.
From her offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.