I have a question about getting a divorce. My wife and I live in 2 separate states now. We have 3 children together. She is verbally, physically and mentally abusive toward my children and I (I have proof that she stabbed me in the face). I have a notarized agreement that the both of us signed and I am unsure if it will even hold up in court. It states that I cannot file for divorce for 3-6 months. She refused to leave the sate and head back to Tennessee if I didn’t sign. I don’t mind waiting the 3 month minimum but just would like to know if I have to. Also how long must I be a resident of Arizona before I can file here? Lastly I want to file for Custody of my 3 children. How do I go about doing so?
Arizona jurisdiction for filing divorce is 90 days and the UCCJEA requires that children live in the state for 6 months prior to filing for custody. Arizona might be able to take emergency jurisdiction but this would require a detailed meeting with a lawyer prior to giving specific advice. Typically, an anti-divorce agreement would be void and against public policy.