AZ divorce MN marriage

[cmkingstrom]

What is the name of your state (only U.S. law)? AZ
Currently residing in AZ. Established residency within the last 120 days. Filed for divorce from spouse who lives in MN. We both resided in MN our entire marriage. We officially separated in October 2010.
Spouse was sent certified papers for divorce. Signed the certification and it was received by my attorney.
Soon to be ex spouse claims that because we were married in MN that we must divorce in MN. Which I know is not true.
Question: What are the chances of my spouse getting a change of venue?
Does my spouse's attorney have to be proficient with AZ law? If I file in AZ, does that mean spouse can still obtain legal counsel from MN?
What is the liklihood of presenting in front of a judge? Spouse claims the divorce will not happen without it being presented in front of a judge. Does that mean spouse must travel to AZ to make such a request? There is no property to divide, no assets to speak of and I only requested vistiation with our 16 daughter for summer and school breaks, to which I will pay for all travel arrangements.
Any advice would be appreciated.

 

[Ohiogal]

What is the name of your state (only U.S. law)? AZ
Currently residing in AZ. Established residency within the last 120 days. Filed for divorce from spouse who lives in MN. We both resided in MN our entire marriage. We officially separated in October 2010.
Spouse was sent certified papers for divorce. Signed the certification and it was received by my attorney.
Soon to be ex spouse claims that because we were married in MN that we must divorce in MN. Which I know is not true.
Question: What are the chances of my spouse getting a change of venue?
Does my spouse's attorney have to be proficient with AZ law? If I file in AZ, does that mean spouse can still obtain legal counsel from MN?
What is the liklihood of presenting in front of a judge? Spouse claims the divorce will not happen without it being presented in front of a judge. Does that mean spouse must travel to AZ to make such a request? There is no property to divide, no assets to speak of and I only requested vistiation with our 16 daughter for summer and school breaks, to which I will pay for all travel arrangements.
Any advice would be appreciated.

If the child lives in MN then custody is in MN. AZ does NOT have jurisdiction over the child.

 

[mistoffolees]

If the child lives in MN then custody is in MN. AZ does NOT have jurisdiction over the child.

True. However, OP can file for divorce in AZ and get the divorce handled there - but custody would have to be done in MN. Seems like a waste of time and money, though.

 

[cmkingstrom]

True. However, OP can file for divorce in AZ and get the divorce handled there - but custody would have to be done in MN. Seems like a waste of time and money, though.

If I am just seeking visitation, I still need to file through MN?

If spouse contests divorce, does this have to be done through AZ or MN?

Thanks for your help.

 

[mistoffolees]

If I am just seeking visitation, I still need to file through MN?

If spouse contests divorce, does this have to be done through AZ or MN?

Thanks for your help.

Visitation needs to be requested in the state which has jurisdiction. If I'm understanding you correctly and the child stayed in MN, that means visitation would have to go through MN.

Spouse would contest the divorce wherever it is filed. If you file in AZ, he would contest in AZ. If you file in MN, he would contest in MN. And if you file in AZ, he could object to jurisdiction over anything that AZ doesn't have jurisdiction over (like custody or visitation).

 

[cmkingstrom]

Visitation needs to be requested in the state which has jurisdiction. If I'm understanding you correctly and the child stayed in MN, that means visitation would have to go through MN.

Spouse would contest the divorce wherever it is filed. If you file in AZ, he would contest in AZ. If you file in MN, he would contest in MN. And if you file in AZ, he could object to jurisdiction over anything that AZ doesn't have jurisdiction over (like custody or visitation).

OK, thank you for your help. I appreciate it.