Tucson, AZ asked in Family Law for Arizona

Q: My wife wants a divorce and I don't. Her family is here. We have 2 kids. Will I have to stay in AZ now?

I have the option to move back home to MA, and have the support of my very large family. I have a house to live in there, and good work We share a house here, but she has a boyfriend now so I don't want to be here.

Am I trapped in AZ now that she wants a divorce or am I allowed to leave and we can figure out custody arrangements?

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: You can live wherever you want.

The issue is where the children will live. If you want to live near your children, you'll either need to stay in Arizona or get her to agree to let you take them with you to Massachusetts or get the Court to order that they move with you to Massachusetts.

You can also agree that the children stay in Arizona and visit you in Massachusetts. A long-distance schedule typically looks like a week around Christmas, either the week of Fall Break or Spring Break every school year, and 3-6 weeks during the summer.

Mike Branum agrees with this answer

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