If I got divorced in one state and then moved to another, can I get an order for alimony in the state in which I currently reside in or do I have to go back to the state in which I was divorced?

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If I got divorced in one state and then moved to another, can I get an order for alimony in the state in which I currently reside in or do I have to go back to the state in which I was divorced?

Asked on February 4, 2016 under Family Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since the state where you previously lived has the case file, you should pursue your request for alimony in that state.  You don't have to go there to accomplish this.  Contact the court clerk regarding the appropriate documents you need to file for a request for spousal support and file those documents by mail with the court.  Your ex must be served by mail with copies of the documents you file with the court.
You can request a hearing by telephone so that you don't need to be physically present in court in another state.  Check with the court clerk regarding the procedure, court forms, and deadline for requesting a telephonic hearing.  If you miss the deadline, your request for a telephonic hearing will be denied.
As for requesting alimony, changed financial circumstances are grounds for your request.  You should file an Order to Show Cause requesting alimony and a supporting declaration signed under penalty of perjury stating the facts supporting your request for alimony.  You will need to contact the court clerk to request a hearing date.  Also, check with the court clerk to be certain you have filed all of the appropriate forms because those documents may vary from state to state.
 


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