So, you have made the big decision to file for divorce. What’s next? While many would hope that a divorce will be magically granted without any fuss or red tape, this is not the case. There are legal formalities that must be observed. These legal formalities hit right from the start. This is because you cannot just file anywhere for a divorce. There are requirements in place that restrict who can file for divorce where. Let us take a look at where you can file for divorce.
Where Can I File for Divorce?
Essentially, you can pretty much file for divorce where you meet the residency requirements in place by both state and county laws. In limited circumstances, a state may not require that you be a resident for a certain amount of time before you can file for divorce, but this is the exception rather than the rule. To find out where you can file for divorce, it is critical to first investigate your state’s laws on the topic as well as local ordinances that will dictate where you can and must file for divorce. Find out what court you need to file with in order to begin the process.
On top of a state requiring you to be a resident of the state for a certain period of time before you can file for a divorce there, it is common for counties to require that you reside within the county for a minimum of 60 days before using that location to file your divorce petition. Furthermore, you may face additional restrictions if you were legally married in another state. For instance, you may have to postpone the divorce by an additional time period. Other times, a state may require you to stay in the area for a minimum of one year in a household separate from your spouse. These states require spouses to legally separate prior to either of them being eligible to file for divorce in the state.
In the State of Arizona, you or your spouse are required to meet the Arizona residency requirement prior to being permitted to file your divorce petition in the state. This means that either you or your spouse must have lived in Arizona for a minimum of 90 days prior to filing for divorce. Furthermore, you must file for divorce in the county in which you or your spouse resides.
Sometimes, spouses like in separate states and want to get a divorce. Things can get even more complicated when this is the case. If you or your spouse meets the state’s residency requirements, you can file for a divorce in that state, even if your spouse lives in a different state. This can create a kind of race to the courthouse as a spouse would often prefer filing for divorce in the state in which he or she resides. Facing divorce proceedings in another state can be logistically complicated, to say the least. Before you race to the courthouse, however, you may want to investigate the state’s laws pertaining to divorce. Issues like alimony, child support, and division of the marital assets can have a substantial impact on the outcome of a divorce.
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Do you have questions about divorce? Cohen Family Law has answers. Contact us today.
