A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Arizona, to file for divorce (also known as dissolution of marriage), at least one of the spouses must have been domiciled in the state for a minimum of 90 days before filing the petition. This residency requirement is stipulated in the Arizona Revised Statutes, specifically under Title 25, which governs marital and domestic relations. When minor children are involved, additional stipulations apply. For instance, Arizona law requires that the children must have resided in the state for at least six months (or since birth if younger than six months) before the court can have jurisdiction over child custody matters, unless there are emergency circumstances. The divorce petition can typically be filed in the county where the petitioner resides or where the respondent resides.