How do I get divorced after a legal separation? I have a legal separation with children in Yavapai County in Arizona. I would like to file for divorce with Children. I live in Mohave County Arizona. The child support order is through Yavapai County. Our separation is over one year old. I am the primary parent. Do I have to file in Yavapai County? Or can I file in Mohave County? Can I move the case to Mohave County to file? How would I do so?
You absolutely can and should file in Mohave County. If you believe child support should be modified from the figure included in your Decree of Legal Separation, you should be sure to allege the changed circumstances. There is nothing needed to “move” the case. since your Petition for Dissolution must be, by rule, a new matter from the Legal Separation matter. SO, if you and the child(ren) reside in Mohave County, then the Dissolution is properly filed in Mohave County.