Full question:
In Feb 09 my wife left with my daughter while we where living Arizona and ran off to her moms house in Oswego, NY. Following her leaving I slowly lost everything and was forced to move to Oregon where I have family. My spouse tried to take custody away from me in NY, but in the end we ended up with joint custody. I have been living in Oregon since June 09. Where can I file for divorce, Arizona or Oregon? I do not want to go through NY as it appears to me the law is not in my favor.
- Category: Divorce
- Date:
- State: Oregon
Answer:
If you want to file for divorce in Oregon, at least one spouse must have lived there for six continuous months before filing. If the marriage took place in Oregon, there is no residency requirement as long as one spouse is a resident.
In Arizona, at least one spouse must have lived there for at least ninety days before filing for divorce. You can file in the county where either spouse resides.
Arizona is a community property state, meaning the court divides community property equitably without considering marital fault. Oregon, on the other hand, follows equitable distribution, where the court divides all property fairly, assuming both spouses contributed equally during the marriage. Full disclosure of assets is required before distribution.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.