Jaburg Wilk


Filing For Divorce: Which State Has Jurisdiction if We Recently Moved?

Categories: Family Law, Article

Video Transcript:

Hi, my name is Jason Castle.  I'm a partner at Jaburg & Wilk and my practice area is Family law and criminal defense.

I Moved From Chicago to Phoenix, Can I File for Divorce in Arizona?

There are a few questions relating to where to file for divorce. If you just moved here, you’re not going to be able to file for divorce for ninety days. You have to be domiciled in Arizona for ninety days before you can file. Another consideration is whether or not children are involved. If children are involved, this state would not have jurisdiction over the children. Under the UCCJEA (The Uniform Child Custody Jurisdiction and Enforcement Act ) the home state is defined as the state where the child or children have resided for the last six consecutive months. If you moved from Chicago, Illinois, that court would have jurisdiction assuming the children had lived in that state - in this case, Illinois - consecutively for the six months prior to filing. However, there have been cases where people are more transient and because of that it is possible to need to go back two or three states before they get the full six consecutive months in order to determine the home state.

About the author: Jason B. Castle is a Partner at the Phoenix law firm of Jaburg Wilk. He is the President of the Arizona Chapter of the Association of Family and Conciliation Courts, member of the State Bar of Arizona, and a member of the Maricopa County Bar Association, where he chaired the Family Law Section and Legislative Committee. He has expertise in child custody and Decision Making Authority. More recently he was named a Southwest Super Lawyer Rising Star.