Can I Choose What State to File for Divorce in?

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When an ex can be ordered to vacate the marital home in divorce

As long as you meet the eligibility requirements for divorce, yes, you can choose the state where you file for divorce.

In terms of eligibility requirements, these generally include:

  • The residency requirement – While some states do not have any residency requirements for divorce (like Alaska and Louisiana, for example), others have residency requirements ranging from a few weeks to as much as 1 year. In Arizona, this requirement is 90 days (meaning that at least one spouse has to have lived in the state for at least 90 days in order to file for divorce in Arizona).
  • Grounds for divorce – These too can vary from state to state, depending on whether the state is a “fault” or “no-fault” divorce state. Arizona is a “no-fault” divorce state, meaning that the only ground for divorce is the ‘irretrievable breakdown’ of the marriage.

Uncovering more about this issue, below, we have answered some of the most commonly asked questions about filing for divorce in other states. When you need more answers about – and exceptional representation in – divorce, simply contact Scottsdale Divorce Attorney Karen Schoenau.

Answers About Filing for Divorce in Other StatesQ – Should I File for Divorce in Arizona or a Different State?

A – It depends on your circumstances, needs and goals. Specifically, however, the following are just some of the issues to consider when trying to determine whether it’s better for you to file for divorce in Arizona or another state:

  • Whether you meet the requirements for divorce in another state
  • Where most of your marital property is located
  • Whether you want to relocate to (or travel to) another state for the duration of your divorce
  • The divorce laws in other states – and, in particular, how those laws can impact your case (and/or may benefit you).
Q – If I Have Already Filed for Divorce in one State, can I get my Case Moved to Another State?

A – It depends on various factors, only some of which include:

  • The issues in your case
  • How far along your divorce has proceeded
  • Whether you qualify to file for divorce in another state.

While a lawyer can provide you with more specific advice, what we can tell you here is that, if your divorce case has already been initiated and you want the case to be moved to another state, it may be better to either:

  • Dismiss the case in the state where it was filed and refile in the new state
  • See the case through to the final resolution and then transfer the final divorce decree to another state.
Q – What About After the Divorce has Been Finalized? Where Should (or can) I Pursue Post-Divorce Modifications?

A – Post-divorce modifications – like altering the terms of custody or support payments – can usually be sought in any state, so long as the final divorce decree is transferred to/filed with the court in the new state.

Get More Answers: Contact Scottsdale Divorce Attorney Karen A. Schoenau

When you need effective representation in divorce, contact Scottsdale Divorce Attorney Karen Schoenau. For nearly 30 years, Karen Schoenau has been dedicated to helping people protect their rights and interests while bringing their divorce cases (and other important family legal matters) to the best possible resolutions.

Call 480-209-1918 or email us via the contact form on this page to set up an initial consultation with Attorney Karen Schoenau and get honest answers about your best options for moving forward with divorce.

From offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
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Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice.
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Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!!
★★★★★
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation.
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