One of the hottest issues in Arizona recently has been SB1070. Although federal Judge Susan Bolton blocked several key provisions of SB1070 from taking effect as scheduled on July 29, 2010, some provisions of Arizona’s “anti-immigration” law are now effective. Many non-U.S. citizens presently residing in Arizona, whether here illegally or with temporary legal status, wonder whether they have the right to file for a divorce in Arizona. The answer to this question is yes, if they have been domiciled (physically residing) in Arizona for 90 days prior to filing their petition for dissolution of marriage. Arizona divorce law makes no distinction between legal residents’ and illegal residents’ access to the courts. Citizenship or legal residency is not a pre-requisite to filing an Arizona divorce case. When one but not both spouses reside in Arizona, however, certain issues arise as to the extent of the issues the Court may decide. For example, if a husband and wife last resided together in Mexico but the husband has resided for at least 90 days in Arizona prior to filing his divorce case, the Arizona Court will have jurisdiction to dissolve the marriage, but the Arizona Court will not have jurisdiction to decide any other issues.
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