If I filed in one state, can my wife have the divorce moved to another?

UPDATED: Jul 25, 2011

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If I filed in one state, can my wife have the divorce moved to another?

I filed for divorce here in AZ. I have lived here for 9 months. We do have 3 daughters that live with her in MO, and know I will have to go back to MO to fight for custody and child support. I put in the divorce papers that is my intent, but just want the divorce done now. I was told she would have 90 days to come here to contest the divorce. Now she is saying she is going to have the divorce moved to MO, even though it was filed here. Can she do that?

Asked on July 25, 2011 Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your question pertains to what state has proper venue to hear your divorce action with your current wife, the state you presently reside in or the state where your presently resides in with you children.

You need to review the venue statutes of both states to see where a divorce proceeding is to be properly filed.

My experience is that the state where the person who is being sued for the divorce petition is typically the place where venue is for the court to hear the divorce proceeding. Likewise, if there are going to be custodial issues for minor children, most likely the proper state and county of that state to hear the divorce proceeding will be the state where your wife and children reside.

If you improperly filed your petition for divorce in Arizona with your wife, she can file a motion to transfer venue of it to her home state and county if done within the required time frame.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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