My family is fromthe USbut have lived in Mexico for over 2 years, if I file for divorce can my wife relocate with my children back to the US?

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My family is fromthe USbut have lived in Mexico for over 2 years, if I file for divorce can my wife relocate with my children back to the US?

My wife and I have been married for 8 years. We are from AZ and were married in AZ but have lived in Mexico for over 2 years. Our children are 5 and 7 and have started school in Mexico and continue to this day. Do I file for divorce in AZ and if I do will my wife be able to relocate with the children back there if she desires? Or will they be able to stay here where are life, work and school now is?

Asked on October 9, 2011 under Family Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to check with Arizona law but I believe you may not meet the residency requirements to file for divorce in Arizona. One or both of you have to be residents of the state in which you file for divorce. If you file in Arizona, you would have to be a resident for 90 days before you petition. Your petition should have nothing to do with your family's ability to return to the U.S. if your wife is a U.S. Citizen and has not relinquished the citizenship or has her Green Card for the U.S. and if your children were born in the U.S. The question now is whether or not you currently have jurisdiction to petition for divorce in Arizona. If you have lived in Mexico for the last two years, then you really have not met the minimal jurisdictional requirements and need to decide whether you wish to return to the U.S. to live and if so, you need to wait the 90 days to file for divorce.  


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