My husband and I have been seperated for 4 years. If we decide to eventually divorce whose state law will take precedence? He lives (we lived together)in a community property state. I don't. Also they have vastly different alimony laws. (We have been married 30+ years)
2007-10-21 04:11:27 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Generally, the state in which the request is filed first is where it will be processed. If your state is more favorable toward you, then you should file first. If his state is more favorable to you, then file first in his state. Keep in mind that you will need to retain a lawyer who is licensed to practice in the state you file in. The key is, of course, file first.
However, if there is already some sort of process underway (i.e. a legal separation hearing took place), then the process will most likely stay where it was started.
2007-10-21 04:23:03 · answer #1 · answered by wildraft1 6 · 3⤊ 0⤋
Whatever state you file for divorce in will be the state whose law is in effect. If you file, it will be your state and if he files it will be his state.
2007-10-21 04:20:28 · answer #2 · answered by Diane M 7 · 0⤊ 0⤋