Some Issues Concerning Residency

By James Jennings
DiscountDivorcePro.com

If one spouse meets the residency requirement of a state (such as having lived there from six months to a year depending on the state), a divorce obtained there is valid, even if the other spouse lives in another state. The courts of all other areas will recognize the divorce.

However, any decisions a court makes regarding property division, alimony, custody, and child support may not be valid unless the nonresident spouse consented to the jurisdiction of the court. A nonresident spouse consents to jurisdiction if the nonresident spouse shows up at a court date or signs an affidavit of service, acknowledging receipt of the filed legal documents.

Moreover, one of the judges in the Maricopa Superior Court takes this one step further and requires specific wording in the acceptance of service, stating that the other spouse is waiving their rights and accepting Arizona's jurisdiction.

Also, it can also happen if the nonresident spouse abides by the rulings of the court; for example, by paying court-ordered child support.