questions & answers

Question: My husband is in the army and is stationed in S. Korea until March of 2012. We have a 3 year old daughter who lives with me. My husband informed me that he wants a divorce. He's going to see if he can get one started on the base where he's stationed. Can he do that? Also, should I file for legal separation now, or do I need to wait until he's back. He's very irresponsible with money and I'm afraid he will incur more debt before we're divorced.

Answer:

We can only offer information pertaining to Arizona, so I cannot say whether or not someone stationed with the military can initiate a divorce proceeding on the base where he is located. Furthermore, we cannot offer advice as to whether or not someone should file for divorce or give advice on the timing of the proceedings. With that said, the following is offered as information on how to get a divorce (referred to as “dissolution of marriage”) in Arizona.

 First, it is necessary to distinguish between a legal separation and a dissolution of marriage (divorce). As stated in ARS 25-313, a legal separation allows the husband and wife to live separately and formalize the arrangement by a court order or written agreement. A separation recognizes the possibility that the couple might reunite.

 A dissolution of marriage is sought when the marriage is considered irretrievably broken and there is no chance that the couple will reunite. It is a court procedure to reverse the previous existing legal status between a couple. A dissolution of marriage includes decisions regarding child custody, support, visitation, the division of community property and debts, and in some cases, spousal maintenance. ARS 25-312

Residents of Arizona can start a divorce proceeding regardless of the location of the other spouse. Our self-service guide provides a helpful walkthrough and information on where to go for the forms needed in a divorce case.

Here is some general information on how to file for a divorce when the other spouse lives in a different state (or country). A person must live in Arizona for at least 90 days to establish domicile before he/she can file for a divorce. That person can then file for a divorce as he/she normally would, but the spouse must be legally served divorce papers (this can typically be done by mail, although different states may require a process server). ARS 25-311

If a spouse files for a divorce in his or her current state, it is possible that the other party will have to visit that state to complete the divorce proceedings. If this is the case, it may be best to consult with an attorney. ARS 25-314 For more information on divorce proceedings, refer to Title 25, Chapter 3 of the Arizona Revised Statutes.