QUESTION
Do divorce laws apply to the state of the marriage or the state you are getting divorced in?
Asked on Jun 29th, 2011 on Child Custody - Georgia
More details to this question:
When you get a divorce do the laws of the state you got married or the state were you divorce matter?
18 ANSWERS
William Guy Pontrello
State you are divorced in.
Answered on Jul 11th, 2013 at 1:40 AM
The state of divorce, if that is your current residence.
Answered on Jul 04th, 2013 at 2:25 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Generally it is the state you are getting divorced in.
Answered on Jul 04th, 2013 at 12:44 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Typically, the laws of the state where the divorce occurs. There may be jurisdictional issues depending on how long you have been in the state, where the other spouse resides, where real property is located, where the children live, and so on.
Answered on Jul 05th, 2011 at 3:36 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Generally, the laws of the state in which you are getting divorced apply. There are some exceptions, for instance if you have a pre-nuptial agreement that indicates another state's laws should apply.
Answered on Jul 05th, 2011 at 11:42 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Mostly the state where you are divorced. The laws where you were married, where you have lived since marriage, may matter but usually don't.
Answered on Jul 05th, 2011 at 11:29 AM
Unless you entered into a pre-nuptial agreement that says otherwise, the Courts in Georgia apply Georgia law if you are getting a divorce in Georgia.
Answered on Jul 05th, 2011 at 11:27 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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The laws from the State where you are getting your divorce are the ones that apply. You must be a resident of the State of Ohio for at least six months prior to filing for divorce in Ohio.
Answered on Jul 05th, 2011 at 11:25 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The applicable law is the law of the state in which the divorce proceedings are held. Generally, the place where you live determines which state can handle your divorce.
Answered on Jul 05th, 2011 at 11:10 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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The laws that apply in a divorce situation are the state where the divorce action is filed, providing they have proper jurisdiction because one or both parties is a resident of that state. There are a few states, I believe West Virginia is one of them, where you can file for a divorce in that State, even if you're not currently a resident, as long as you were married there. Regardless though, in any situation, the laws of the state where the case is properly filed are what govern the case.
Answered on Jul 05th, 2011 at 11:07 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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In general, the laws of the jurisdiction in which you are divorcing apply, but laws of the state in which you were married may affect issues of fact in the divorce. You should better check up on your particular situation. California is a 'no fault' state, and you might have been married in a state that did not have 'no fault' laws. It can dramatically affect your proceedings.
Answered on Jul 05th, 2011 at 10:55 AM
4 Awards
You may obtain a divorce in the place where you are domiciled, where your ex is domiciled or the location of the last marital domicile. Different laws may apply with regard to property distribution and community property depending upon where you last lived together and where property, especially real property, was obtained. Custody laws of the last "home state" of the children will apply, and determinations regarding custody may have to be made there.
Answered on Jul 05th, 2011 at 10:46 AM
Normally, the laws of the state you are getting divorced in apply. For example, if you got married in New Mexico and then, you and your spouse moved to Washington, and filed for divorce in Washington, the laws of the State of Washington would be the laws applied. There are sometimes some exceptions to that rule, involving property, but they have to be applied on a case by case basis.
Answered on Jul 05th, 2011 at 10:40 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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In general, the laws of the State where the divorce will be processed will apply.
Answered on Jul 05th, 2011 at 10:32 AM
Patricia C. Van Haren
Divorce laws apply to the State where you are residing when you file for divorce. If you are residing in California at the time that you file for a divorce, then California Laws will apply to your dissolution.
Answered on Jul 05th, 2011 at 10:24 AM
Where you got married is generally irrelevant. Where you get divorced is the law that is at issue.
Answered on Jul 05th, 2011 at 10:14 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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The laws of the state in which the divorce is filed rule.
Answered on Jul 05th, 2011 at 10:13 AM
Glen Edward Ashman
Where you got married is inapplicable to your case. Where you are living now matters.
Answered on Jul 05th, 2011 at 10:05 AM