Divorce & Annulment

questions & answers

Question: When does the time to vacate the premises begin after a petition for divorce has been filed and how long does the respondent have to vacate?

Answer: There is no such law. No Arizona statute requires a divorcing spouse to "vacate the premises." Judges will sometimes issue orders (while the case is waiting for trial) that gives temporary possession of the home to one party or the other. But that requires someone to file a written motion asking the court to make such a decision, and would involve a hearing where both sides could be fairly heard. And even if one spouse was asked to physically move to a new home, it doesn't mean that s/he loses any existing financial or ownership interest in the marital residence.

QUESTIONS

  • When does the time to vacate the premises begin after a petition for divorce has been filed and how long does the respondent have to vacate?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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