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We were married in California. We live separately in and are getting a divorce in Arizona. Can I file all paperwork in Arizona?

Phoenix, AZ |

Husband (me) will be petitioner. Wife will be respondent. No children. We agree on division of property. We agree on details of consent decree. She has not yet been served. We both want it to be amicable.

Attorney Answers 3

  1. As long as you or your spouse has lived in AZ for at least ninety (90) days, you can file your divorce here.

  2. Yes, you can file all your papers in Arizona. There really is no basis for filing it in California if either of you have been living here in Arizona for at least the past 90 days.

    If it's amicable, once you have served the papers on your spouse, or once she accepts service, then you can submit a consent decree to the court after the 60 day waiting period has expired.

  3. Where you were married doesn't have any effect on where you can file for divorce. If you or your spouse have lived in Arizona for at least 90 days, you can file for divorce in Arizona.

    This post is general information about divorce and family law in Arizona, and is not legal advice. Divorce is a complex process, and taking legal action without the one-on-one professional advice of a lawyer can produce unexpected results.

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