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What is the process of divorcing my immigrant husband who is in jail under Arizona divorce laws

Willcox, AZ |
Filed under: Marriage and prenups

I got married in Florida in 2005, and I have left my husband twice because of spousal abuse, the last and final time was november 2007. he is now incarcerated in florida, we have one child together that lives with me and he does not provide support for, how to i divorce him.
also a factor, he is not a citizen of this country, and he never got his citizenship or social security number after we were married

Attorney Answers 1

Posted

Divorcing him should be relatively easy. You certainly know where to serve him and he's not going anywhere. The real question is WHERE to divorce him. For any state to have jurisdiction to decide custody and parenting time matters related to your child, you will have to file in the state that your child has resided for the last six months. If you haven't lived in AZ for the last six months, the courts will need to determine which state has jurisdiction under the Uniform Child Custody and Jurisdiction Enforcement Act.

Please feel free to call me to discuss your case with me in greater detail.

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