QUESTION

What is the difference between Canada and U.S. divorce law?

Asked on Feb 06th, 2014 on Divorce - California
More details to this question:
Are divorce laws in California same as in Canada. If not how do they differ? This has to do with laws concerning properties.
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3 ANSWERS

Regarding the distribution of property. In a Nut Shell. California's divorce laws are different than Canada. California follows the Community Property Law concept, which basically means anything earned by the community (both partners) during the marriage is divided equally, except for extenuating circumstances. This is NOT a complete answer. There are many exceptions. I'm not familiar with Canada, however I believe Canada follows the English common law. You can look up "Community Property Law" and the "Common Law" on the internet. About 7 states follow Community property and the rest of the United States follow Common Law, except Louisiana which is based on Napoleonic Law.
Answered on Feb 11th, 2014 at 4:20 PM

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I only practice CA law. You would need to contact an attorney who practices both Canadian and CA law. This sounds like a school paper. You may have to go to a library.
Answered on Feb 11th, 2014 at 4:17 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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The jurisdiction over the divorce will be in California if one party resides in the State for more than 6 months before the filing. California which is a community property state will equitably divide all property of the parties wherever the property is located.
Answered on Feb 11th, 2014 at 4:06 PM

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