Los Angeles, CA asked in Divorce for Arizona

Q: my husband committed adultery and we have not been together since. He now wants legal separation before divorce

I live in Az he lives in Ga no children and he owns a moving company

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1 Lawyer Answer
Jay Hall
Jay Hall
  • Scottsdale, AZ
  • Licensed in Arizona

A: It isn't clear what question(s) you have. If he meets the jurisdictional requirements, he can file for legal separation in Georgia. You will want to ask attorneys licensed in Georgia what exactly that would mean for you, how legal separation there compares to divorce, and whether the adultery is relevant in any way.

Conversely, if you've resided in Arizona for at least ninety days you could file here. There could be jurisdictional hurdles for you if you wanted to pursue division of out of state property (like the business) or spousal maintenance. It isn't clear from what you provided if Arizona will be able to assert personal jurisdiction over your husband. That's something you could discuss with a local attorney. However, I can tell you that Arizona is a no fault divorce state, which means the adultery won't affect the outcome of your case if it is filed here.

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