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

UPDATED: Apr 28, 2011

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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


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

Answered 11 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.

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