married in North Carolina want to file for divorce in Arizona

[bdrattlo]

I was married in North Carolina and moved to Arizona a month ago. My spouse and I want to get divorced. We filled out papers in North Carolina for a legal seperation. We were told that it would be a year and a day before we could file papers for our divorce. My question for you is can I file divorce papers in Arizona and get the divorce faster? If so what is the waiting time in Arizona? Thank you very much for your help.

 

[Ohiogal]

You cannot do anything in Arizona until you become a legal resident. Oh and by the way Arizona is a community property state. North Carolina isn't. And if you don't understand why that is important you need to talk to an attorney.

 

[CJane]

Since you've begun the process in NC, it's unlikely you could finish it in AZ. Is the spouse still in NC?

 

[bdrattlo]

I am a legal resident of Arizona. My husband is still living in North Carolina.

 

[CJane]

You're usually not a legal resident for court purposes until you've lived somewhere between 90 days and 6 months.

 

[Ohiogal]

You're usually not a legal resident for court purposes until you've lived somewhere between 90 days and 6 months.

And it could take up to a year in some states to become one. Again though OP you really need to think of what I told you in the first post. CJane is correct about already beginning the process in NC. Unless NC considers a legal separation a different process and your STBX will agree to jurisdiction switching.

 

[Golfball]

Separation is fairly trivial in NC, you move out, you're separated. No need to file paperwork to get that particular timer started.

As far as property distribution and post-separation support/alimony goes, those are separate proceedings from the actual divorce proceeding, and the ED/PSS/Alimony proceedings are usually filed prior to the divorce getting filed. The latest the ED (Equitable Distribution) and PSS/Alimony can be filed is concurrently with the divorce claim/counter-claim, otherwise the claim is barred.

Of course, if the husband hasn't been in AZ, the AZ court's jurisdiction may be limited. (They might be able to grant the divorce once the OP satisfies the residential requirements. Anything else would depend on the circumstances, AZ's long-arm statute, what filings have been done in NC, and how AZ property distribution handles the multiple jurisdiction question.)

And as for the residency question, AZ's residency period appears to be 90 days. Of course, it would be wise to check w/ an attorney in AZ before trying to file, so you can get those pesky property and jurisdiction questions out of the way.

 

[LdiJ]

Of course, if the ex also didn't want to want so long to get the divorce under way, the ex might be agreeable to NC relinquishing jurisdiction.