Should I File for Divorce in Arizona or Maine?
Full Question:
Answer:
Maine requires that at least one of the parties to the action for divorce be a resident of the state or, the plaintiff must have in good faith resided in Maine for a period of at least six months. Therefore, if you move to AZ, the husband would need to file the complaint for divorce in Maine, and the court appearances will be in Maine. Maine is a so-called “equitable distribution” state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The court will consider the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;
2. The value of the property set aside to each spouse; and,
3. The economic circumstances of each spouse at the time the division of property is to take effect.
Arizona requires that at least one of the parties to the action for dissolution of marriage must have resided in the state of Arizona for at least ninety (90) days prior to the filing of the action. Arizona is a community property state. The courts in the State of Arizona will distribute the community property of the spouses as it deems equitable and just, without regard to marital fault, after setting aside to each spouse that spouse’s separate property.
If you have a separation agreement, in a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, custody and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
We are prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest you contact a local attorney who can review all the facts and documents involved.