Arizona Divorce Legal Questions

In Arizona there is a self service center at most superior court facilities. The self service center has forms and instructions for individuals to file their own family court matters. Here is a link to the Maricopa County self service center: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ I suggest you at least consult with an experienced family law attorney in your area to discuss the procedures.... Read More

You should consult with experienced family law counsel to discuss your matter. If you and your husband never lived together in Arizona there may possibly be an issue of the Arizona court exercising jurisdiction over the Indiana property. If your husband agrees to the dissolution being filed in Arizona then that issue may be alleviated. In any event the issue of the division of the 401(K) may resolve the same under Indiana law as it would under Arizona law. The 10 year rule you have been told about concerns your ability to obtain social security benefits under the earnings history of your ex-husband, not with the division of an asset. In Arizona the division of the 401(K) would be based upon how long your husband was contributing to the 401(K), versus how long you were married.... Read More

Generally speaking the jurisdiction where you would file the dissolution is where you have resided for the required period of time. In Arizona you must reside for at least 90 days prior to filing for the dissolution. Other states have other time periods, so I suggest you consult with an experienced family law attorney to determine you time frame. You certainly file for the dissolution where you reside, not where you were married.... Read More

If you and your husband agree to all of the terms, a divorce should be completed shortly after the expiration of the 90 day waiting period. The court requires a waiting period of 90 days from the time the complaint is filed until a decree can be entered. The court can waive the waiting period, but in Utah, the law recently changed and now requires the court to find extraordinary circumstances before waiving the waiting period. If you and your husband do not agree on everything, a divorce proceeding can take substantially longer to run through the court requirements, including a trial.... Read More