Can I file for divorce in Arizona if my spouse lives in another state?
Lowen Jones
Arizona managing attorney at Marble Law
Yes, you can file for divorce in Arizona even if your spouse lives in another state, provided you meet the residency requirements outlined in Arizona law. According to A.R.S. § 25-312, you or your spouse must have been domiciled in Arizona for at least 90 days before filing the petition for divorce. This means that as long as you have lived in Arizona for at least 90 days with the intent of making it your permanent home, you can file for divorce in the state, regardless of where your spouse resides.
When one spouse lives in another state, issues related to jurisdiction may arise. Arizona courts must have jurisdiction over both the divorce itself and any related matters, such as property division, spousal maintenance, and child custody. Generally, the court will have jurisdiction over the divorce as long as you meet the residency requirement. However, to address property division or spousal maintenance, the court may need to establish personal jurisdiction over your spouse, which can be more complex if they reside out of state.
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If your spouse lives in another state, it’s important to understand that Arizona may not have jurisdiction to make decisions regarding certain matters, such as dividing out-of-state property or enforcing spousal maintenance, unless your spouse consents or has sufficient connections to Arizona.
For more detailed information on jurisdictional issues, particularly related to child custody, you may want to review the section on Jurisdiction Over Custody and Child-Related Matters under the question “What Are the Residency Requirements for Filing for Divorce in Arizona?” This section discusses additional considerations that may affect your case.
As always, this article is not legal advice, and consulting with an attorney is recommended to ensure that your specific circumstances are handled appropriately. Every case is unique, and a legal professional can help you navigate the complexities of filing for divorce when your spouse lives in another state.
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