If a legal separation application is being rejected by the court, does it mean we have to resubmit papers and wait another 90 days?

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If a legal separation application is being rejected by the court, does it mean we have to resubmit papers and wait another 90 days?

Our legal separation papers were returned back with a note: “One of you must have lived in [the state] 90 days or more before the petition was filed. Language is missing from the petition and decree.” If I understand correctly we missed one of the boxes that must’ve been checked.

Asked on September 25, 2012 under Family Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The legal separation application that is being returned to you by the court of which you have mentioned certain writings contained within in seems to have been rejected because one of the requirements of being a resident of the particular state for 90 days has not been checked.

If one of the two spouses has been a resident of the state where the petition is attempted to be filed for 90 plus days, then the petition needs to me remedied by checking the box required and re-submitted to the court clerk for filing.


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