Legal Question in Family Law in Arizona

Resident of another state wishes to move to Arizona and get divorce

A Wisconsin resident wishes to move to Arizona with her children and get a divorce from her spouse in Arizona in order to avoid the possibility that the spouse could prevent the removal of the children if she obtained the divorce in Wisconsin. Any pitfalls, and how should she go about it?


Asked on 12/26/04, 4:29 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Resident of another state wishes to move to Arizona and get divorce

In Arizona, neither party can remove the children from the state while the divorce is pending. Then, once the divorce is final, there are special rules which must be followed prior to any relocation. If you leave before a divorce is initiated, there is a risk that he could file in Arizona and force you and/or the children to return.

If he will agree to allow the relocation, an enforceable agreement can be drafted.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 12/27/04, 10:26 am


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