Legal Question in Family Law in Arizona

My husband and I haven't legaly separated but plan on getting a divorce. We both live in Arizona. I am pregnant with our first child. I want to move back to my home state of Alabama to be close to my family due to finanial hardship of my husband leaving. Can I legaly move out of state without his consent and file for divorce from another state?


Asked on 9/09/09, 10:52 pm

1 Answer from Attorneys
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Theoretically, you can go anywhere you want. You don't have a child yet so the court has no jurisdiction over the child. You won't be able to file in another state until that state has jurisdiction over you...you have to be domiciled in most states for at least 90 days. The other problem is that if you move somewhere your husband has not resided recently, that state won't have jurisdiction over him. That state will be able to divorce you but the judge won't be able to divide property and debts or award any financial awards like child support.

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Answered on 9/15/09, 9:11 am


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