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Residency Requirements for an Arizona Divorce

Posted On September 20, 2021 In Divorce

The legal term for divorce in Arizona is a dissolution of marriage. Arizona is a no-fault divorce state, meaning spouses do not need to state specific reasons or grounds when requesting a dissolution of marriage. Rather, they only need to state that the marriage is irretrievably broken, meaning the spouses are unable to get along, and reconciliation is not possible.

To obtain a divorce in Arizona, one must meet the state’s residency requirements, submit any mandatory court documents, and potentially go before the family court. As with every state, Arizona has a list of residency requirements one or both parties must meet in order to obtain a dissolution of marriage.

Residency requirements are meant to discourage individuals from seeking a divorce in a state that could provide a more favorable outcome in the divorce.

Meeting Arizona’s Residency Requirements for Divorce

Prior to obtaining an Arizona divorce, one must meet the following residency requirements:

  1. One of the parties, at the time the action was commenced, was domiciled in the state or was stationed in the state while a member of the armed services. In either case, the domicile or military presence must have been maintained for ninety days prior to filing the petition for dissolution of marriage; and
  2. An action for dissolution of marriage is typically filed within the county where the filing spouse lives.

Those parties who do not meet Arizona’s residency requirements may do one of the following:

  • Establish residency in Arizona for the period time set forth above;
  • Request their spouse file for the divorce if he or she meets Arizona residency requirements; or
  • File for divorce in another state in which one spouse or the other meets all residency requirements.

Additional Residency Requirements for Minor Children

If there are minor children of the marriage, the initiating spouse and the children must have lived in Arizona for six months prior to the filing.

Proof of Residency is by Sworn Affidavit

While proof of residency is generally not required by the court, divorce documents filed with the court include a sworn statement that divorce meets any state residency requirements. Providing false information to the court could result in court sanctions for lying under oath.

Contact an Experienced Divorce Attorney for Residency Requirements in Arizona

If you wish to file for a dissolution of marriage in Arizona and are unsure if you qualify, an experienced Chandler divorce attorney from Wilson-Goodman, PLLC, can help. Our attorneys will review your specific circumstances and advise you whether you meet Arizona’s residency requirements along with your next steps in preparing for a divorce filing.

At Wilson-Goodman, PLLC, we believe that service is the hallmark of an excellent law firm. That is why our divorce attorneys strive to provide clear, concise communication in a timely fashion to meet your needs. Contact our compassionate, competent staff today online or by phone to schedule your meeting with a skilled attorney.