QUESTION

If my wife filed a divorce in New Jersey do I have to have a attorney that lives in New Jersey and I live in Georgia?

Asked on Oct 18th, 2012 on Divorce - Georgia
More details to this question:
What if I am in the military will she be in title to my parts of my pension when we don't have any kids together and she worked the whole time?
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1 ANSWER

Family Law Attorney serving Atlanta, GA at Law Offices of Dana A. Azar
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The answer depends on where you were "domiciled" at the time she filed. Did you consider New Jersey your home? At the time of filing, did you consider Georgia your home? How long had you lived in Georgia? Assuming that you had lived in Georgia at the time she filed and you considered Georgia your home, then you MAY HAVE an argument that she must file in Georgia. You need to ask a New Jersey attorney whether there is any law in New Jersey which allows New Jersey to handle a divorce if you have moved from New jersey and do not intend for New Jersey to be your home. The answer to the military question depends on whether New Jersey law or Georgia law applies and that depends on whether she should have filed in New Jersey or Georgia. In Georgia, she could be entitled to part of your pension, but the method of payout is more favorable to you than if your pension was with a corporation.
Answered on Oct 19th, 2012 at 9:52 PM

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