What are the residency requirements for filing for divorce in Arizona?
Lowen Jones
Arizona managing attorney at Marble Law
Key Takeaways
- Residency Requirement: To file for divorce in Arizona, either you or your spouse must have been domiciled in the state for at least 90 days.
- Domicile vs. Residency: Domicile refers to the place where an individual has their permanent home and intent to remain, while residency simply means living in a place.
- Exceptions: Military personnel stationed in Arizona for at least 90 days can file for divorce, even if they do not consider Arizona their domicile.
- Jurisdiction: The court in the county where either party resides has jurisdiction over the divorce case. However, child custody matters may involve additional jurisdictional considerations under the UCCJEA.
Filing for divorce is a significant step that many individuals may find daunting, especially when trying to understand the legal requirements. One of the foundational aspects of filing for divorce in Arizona is meeting the residency requirements. This article aims to clarify those requirements as outlined in Arizona law, specifically under the Arizona Revised Statutes (A.R.S.) § 25-312.
Statutory Foundation: A.R.S. § 25-312
The residency requirement for filing for divorce in Arizona is clearly articulated in A.R.S. § 25-312. According to this statute, before you can file for divorce, also known as dissolution of marriage, either you or your spouse must have been domiciled in the state for at least 90 days. This means that one party must have physically lived in Arizona with the intention of making it their permanent home for a minimum of 90 days prior to filing the petition for divorce.
Understanding Domicile
It’s important to differentiate between residency and domicile. While residency generally refers to living in a place, domicile is the place where an individual has their permanent home and principal establishment, and to which they return whenever they are absent. In other words, domicile is a combination of physical presence and the intent to remain. For the purpose of filing for divorce, the court is interested in whether you or your spouse consider Arizona your permanent home, as evidenced by your domicile.
For example, if a person moved to Arizona for a temporary job assignment, even if they’ve been in the state for 90 days, they may not meet the domicile requirement if they intend to return to another state afterward. Conversely, if someone moved to Arizona with the intention of making it their permanent home, they would meet the domicile requirement even if they’ve only been in the state for a short period.
Military Personnel: Special Considerations
Military personnel stationed in Arizona can also file for divorce in the state, even if they do not consider Arizona their domicile. According to A.R.S. § 25-312(A)(1), if a military service member has been stationed in Arizona for at least 90 days, they may file for divorce in the state. This provision acknowledges the unique circumstances of military families who may be assigned to Arizona for extended periods but maintain their domicile in another state.
For example, if a military spouse is stationed at Luke Air Force Base for six months, they can file for divorce in Arizona even if their legal domicile is in another state.
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Timing and Venue: Where and When to File
Once the residency requirement is met, the next step involves determining the appropriate venue. Under A.R.S. § 12-401, the proper venue for filing a divorce petition is the Superior Court in the county where either party resides. This means that if you live in Maricopa County and your spouse lives in Pima County, you could file for divorce in either county.
It’s also crucial to consider timing. The 90-day residency requirement must be satisfied at the time of filing. If you have not lived in Arizona for at least 90 days, you must wait until you meet the requirement before filing your petition.
Timing and Venue: Where and When to File
Once the residency requirement is met, the next step involves determining the appropriate venue. Under A.R.S. § 12-401, the proper venue for filing a divorce petition is the Superior Court in the county where either party resides. This means that if you live in Maricopa County and your spouse lives in Pima County, you could file for divorce in either county.
It’s also crucial to consider timing. The 90-day residency requirement must be satisfied at the time of filing. If you have not lived in Arizona for at least 90 days, you must wait until you meet the requirement before filing your petition.
Timing and Venue: Where and When to File
If you file for divorce in Arizona without meeting the 90-day residency requirement, the court will not have jurisdiction over your case, meaning the court will not have the legal authority to make decisions regarding your divorce. In such situations, your case may be dismissed, and you would need to refile once the residency requirement is satisfied.
For example, if someone moves to Arizona and files for divorce after only 60 days, the court would likely dismiss the case due to a lack of jurisdiction. The individual would then need to wait an additional 30 days to meet the residency requirement and refile.
Timing and Venue: Where and When to File
While the residency requirement for filing for divorce is 90 days, it’s important to note that child custody issues may involve additional jurisdictional considerations under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Arizona under A.R.S. § 25-1001 et seq. The UCCJEA typically requires that Arizona be the child’s home state for at least six months before the court can make initial custody determinations. This means that even if you meet the 90-day residency requirement for filing for divorce, the court may not have jurisdiction to decide child custody matters if the child has not lived in Arizona for at least six months.
For instance, if you recently moved to Arizona with your child and wish to file for divorce and seek custody, you may face jurisdictional challenges if your child has not lived in the state for six months. In such cases, the court may defer custody decisions to the courts of the state where the child previously resided.
Exceptions and Special Circumstances
While the 90-day residency requirement is generally straightforward, there can be exceptions or special circumstances. For example, if a couple recently moved to Arizona and one spouse wishes to file for divorce immediately, they may explore alternative legal avenues such as legal separation or temporary orders until the residency requirement is met.
Legal separation, governed by A.R.S. § 25-313, does not have the same residency requirement as divorce. A party may file for legal separation as long as one spouse resides in Arizona at the time of filing. This can provide a temporary solution while waiting to meet the residency requirement for divorce.
Another consideration is the impact of domestic violence on residency requirements. If a spouse flees to Arizona to escape domestic violence and wishes to file for divorce, they may still need to meet the 90-day residency requirement. However, they can seek immediate protection through an Order of Protection under A.R.S. § 13-3602, which does not have a residency requirement. This allows for immediate legal action to ensure safety while waiting to file for divorce.
Conclusion: Importance of Legal Guidance
Understanding Arizona’s residency requirements for filing for divorce is a crucial first step in the dissolution of marriage process. A.R.S. § 25-312 establishes the 90-day domicile requirement, which ensures that the courts have jurisdiction over the case. Military personnel, timing considerations, venue selection, and jurisdictional challenges related to child custody are all factors that must be considered.
However, it is important to recognize that every situation is unique. While this article provides an overview of the residency requirements, it is not intended as legal advice. Individuals facing divorce should seek personalized assistance from an attorney to ensure that all legal requirements are met and to navigate any complexities that may arise. Consulting with an attorney will provide you with the specific guidance needed to address your unique circumstances and ensure that your rights and interests are protected throughout the divorce process.
By seeking legal counsel, you can gain a better understanding of how the residency requirements apply to your situation and receive the support necessary to move forward with confidence.
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