QUESTION
If a couple gets married in one state does state law where they live apply in the divorce?
Asked on Aug 18th, 2013 on Divorce - Texas
11 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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No. Generally speaking the laws of the jurisdiction in which you reside at the time you file for a dissolution of marriage apply to your case, not those of the jurisdiction where you married. Unless, of course, they are the same jurisdiction.
Answered on Aug 27th, 2013 at 1:48 PM
The laws of the state where they seek the dissolution apply, regardless of where they married.
Answered on Aug 27th, 2013 at 1:48 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The law where the parties are living is the only law that matters. Where the couple married has no significance.
Answered on Aug 27th, 2013 at 1:48 PM
Generally speaking the law that controls is the law in the state where the two of you reside when you get a divorce. There are only one or two exceptions to this rule and they relate to ownership of real property in another state or property inherited in another state.
Answered on Aug 27th, 2013 at 1:48 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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For California law to apply, a party must be a resident of the state for 6 months and the applicable county for 3 months prior to filing a divorce. Then California law would apply.
Answered on Aug 27th, 2013 at 1:48 PM
Generally, you have to seek the divorce in the state in which you are actually habituating, but that state will apply the law of the state in which you were married.
Answered on Aug 27th, 2013 at 1:48 PM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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Yes. The state of residence at the time of the filing of the divorce is what counts.
Answered on Aug 27th, 2013 at 1:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The state law where they reside at the time of the divorce applies.
Answered on Aug 27th, 2013 at 1:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, the state where either one of you lives will control the divorce.
Answered on Aug 27th, 2013 at 1:48 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Generally it is the current state of residence.
Answered on Aug 27th, 2013 at 1:48 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The court where the divorce is filed will assume that state's law is applicable.
Answered on Aug 20th, 2013 at 3:18 PM