QUESTION

How is moving out if state before divorce is filed affect it?

Asked on Sep 23rd, 2012 on Divorce - California
More details to this question:
We own our house together and filing for bankruptcy. I wanted to put the house in bankruptcy but he didn't. Now he wants to let it go instead of selling it. I want to sell it so my credit.
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5 ANSWERS

Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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Regarding leaving the state, you cannot file for divorce here, if you don't live here. If your spouse files here, and you are no longer living here, you will still have to deal with the divorce here. As for the house, talk to your bankruptcy lawyer to see if you can add the house now. If not, you are correct that you should try to sell it. If your husband won't agree, you can ask the divorce court to order it sold.
Answered on Sep 27th, 2012 at 11:34 PM

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Try to sell the house. You will not be able to file for divorce in the new state for a while, check that state's laws.
Answered on Sep 27th, 2012 at 2:00 AM

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If you move out of state before filing then you will have to wait until you meet the residency requirements of the new state before filing. In California, you may file for a legal separation if you do not yet meet the residency requirements.
Answered on Sep 25th, 2012 at 1:53 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Generally, residence of the parties at the time of filing is what is important to the question of whether a court has jurisdiction to handle the divorce. Moving after the divorce is filed normally has no legal consequences (unless there are children involved. The divorce court will have to decide what to do with the house if you and your husband cannot agree what to do, but the judge cannot order either one of you to pursue bankruptcy. You should consult a bankruptcy attorney as well as a divorce attorney for more complete advice based on your exact situation.
Answered on Sep 25th, 2012 at 1:53 PM

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Alternative Dispute Resolution Attorney serving Coral Gables, FL at Robert J. Merlin, P.A.
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At least one of you must be a resident of Florida for at least 6 months before filing the Petition for Dissolution of Marriage.
Answered on Sep 25th, 2012 at 1:53 PM

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