Should I file Divorce Where My Wife Lives or Where I Live?

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: 04/07/2025
• State: Oregon

Answer:

If the marriage was not solemnized in the State of Oregon, at least one of the parties to the marriage must have resided in Oregon for at least six continuous months immediately prior to the filing of the petition. If the marriage was solemnized in the State of Oregon, there is no length of residence requirement for either party as long as one party is a resident. 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 the filing of the action. A petition for dissolution may be filed in the county where either party resides.

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. Oregon is an equitable distribution state. The court will divide all of the property of the parties, whether jointly or separately held, as it deems equitable and just. There is a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage. Prior to distribution, the court will require full disclosure of all assets owned by the parties.