Legal Question in Family Law in Arizona

divorce

Am I able to file for divorce/child custody in Arizona, we were married in arizona and my son was born in arizona, and my son and wife are currently living in Oklahoma for two years? I am in the air force currently stationed in Phoenix, Az.


Asked on 7/19/09, 8:24 pm

1 Answer from Attorneys

Grady Wade Wade Law Firm, PLC

Re: divorce

You can file for and obtain a divorce in Arizona. The court will have power to distribute all property and debts located in AZ and/or held by you (including your retirement). All property and debts outside the state and/or held by her can not be distributed unless she consents to jurisdiction in AZ. Child support could also be established under AZ law.

As for custody and parenting time, the general rule is that the child must live here for six consecutive months ending in the six month period immediately proceeding the divorce. So, based on the facts you gave, it appears an AZ court could not establish custody and parenting time.

This is a very broad answer on a technical area of family law. Consider scheduling an initial consult with an AZ attorney. Many firms, including the Wade Law Firm, offer free initial consults and could do one with you over the phone.

Good luck.

Read more
Answered on 7/19/09, 8:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona