Do I have to wait 90 days to file for divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have to wait 90 days to file for divorce?

I am in Air Force and was stationed in AZ. I have had and maintained a PO Box for the past 2 years in AZ. I and had to go to Guam for 13 months. I am now back in AZ but am not stationed anywhere, as I will be retiring. Do I still have to wait 90 days to file for divorce or can I file now? It states that I have to be a resident for 90 days prior to filing, but it does not say immediately prior.

Asked on April 28, 2011 under Family Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

My research suggests that as long as either you or your spouse has been an AZ resident for 90 days or more at the time of filing, you can get a divorced in the state.  If you are in the military and are (or have been) stationed overseas, you may still claim AZ as your residence. You can contact a local divorce attorney to confirm.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption