Q: Considering an amicable divorce with children, moving from AZ to UT. Where to file: AZ or wait for UT residency?
My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona or wait until we establish residency in Utah. We agreed on selling a home in Idaho to cover significant debts and splitting any remaining equity, without formal legal agreements in place regarding assets or custody. Our family ties are largely in Utah, where we married. We wish to file for divorce soon after establishing residency in Utah. Are there any issues with proceeding in Arizona, or should we wait to file in Utah?
A: One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after establishing residency in Utah." Once you establish residency in Utah, Arizona is no longer your domicile; therefore, you would not be able to file in Arizona.
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A:
In general, you can file for divorce in either Arizona or Utah, depending on where you meet the residency requirements. Since you have been Arizona residents since 2023, you meet the residency requirement for filing in Arizona. However, if you plan to move to Utah this summer and establish residency there, you can wait until you’ve lived in Utah for at least 90 days to file for divorce there.
If you file in Arizona, the court may have jurisdiction over matters like custody and property division based on your time living there. However, since your family ties are in Utah, filing in Utah after you establish residency could make it easier to handle custody and future arrangements in the state where you plan to live long-term.
You should also consider whether the move will impact any current agreements or temporary custody arrangements in Arizona. If your divorce is amicable and mediated, the process could go smoothly in either state, but you’ll want to make sure that the divorce terms reflect your long-term plans for living in Utah and raising your children.
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