Q: We have a child but neither of us have custody. Is this a with or without children divorce? we live in separate states.
I live in az he lives in ca and got married in Nevada does this effect anything?
A:
While I can't give you legal advice without knowing more about your situation and particular circumstances, I can let you know what I would do given the information provided.
If you have a child and you are getting a divorce, it would be a divorce with minor child(ren).
If your child has resided in Arizona for 6 months or more, Arizona is considered the "home state" of the minor child and Arizona would be the correct place to file for divorce, so long as one parent has resided in the jurisdiction in which you file, for 90 days or more, prior to filing for divorce.
I hope this helps!
Randi
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