“I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided?”

You surely can file for divorce. Most states would allow for either spouse to file where they have established residency. She might try to change venue. She might have an argument to have issues about the children decided where the children are found (Oklahoma). However, if you serve her papers, and she responds in that Court, then the Court will have continuing jurisdiction to hear the matter.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.