Residency and jurisdiction are two related but distinct concepts that determine whether an Arizona court has authority to decide a family law case.
For divorce jurisdiction, at least one spouse must have been domiciled in Arizona for at least 90 days before the petition is filed. Domicile means the state where a person lives with the intent to remain. Meeting this requirement gives the Arizona court authority to dissolve the marriage and divide Arizona property.
For jurisdiction over children, Arizona follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA generally gives jurisdiction over child custody matters to the child's home state, which is the state where the child has lived for at least six consecutive months before the case is filed. If the child has recently moved from another state the home state analysis can be complex.
Jurisdiction over the marital property and jurisdiction over the children are not always in the same state. A divorce can proceed in Arizona while custody jurisdiction remains in another state if the child has not yet established Arizona as their home state under the UCCJEA. These multi-state situations require careful analysis before any petition is filed.
Arizona courts recognize tribal nations as states for UCCJEA purposes. When a child has connections to a tribal nation the jurisdictional analysis must address the tribe's jurisdiction.
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