Do divorce laws apply to the state of the marriage or the state you are getting divorced in? 31 Answers as of July 11, 2013

When you get a divorce do the laws of the state you got married or the state were you divorce matter?

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Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
The laws of the state where the divorce is filed will be applcable.
Answer Applies to: Florida
Replied: 7/13/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Generally it is the state you are getting divorced in.
Answer Applies to: Washington
Replied: 7/4/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The laws of the state in which the divorce is filed are the laws that apply to your divorce. However,if you and your spouse had a Prenup (aka a Prenuptial Agreement, Premarital Agreement, and/or Antenuptial Agreement)which require that the laws of a different state apply to the Prenup, the court in the state in which you get divorced will likely apply the laws of the specified state with regard to the Prenup.
Answer Applies to: California
Replied: 7/6/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
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.
Answer Applies to: Washington
Replied: 7/5/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
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.
Answer Applies to: Oregon
Replied: 7/5/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    The laws governing divorce are the laws of the state where the divorce is filed. You may note that this is why almost every state (in fact, I don't know of a state that does not) has a residency requirement to file for divorce. You cannot simply cross a state line and file for divorce to take advantage of that State's property division laws - for example, Arkansas assumes the property is the property of the breadwinner in the family, but also assumes possession is 9/10th and then it assumes alimony is appropriate. Texas assumes each gets half and no alimony. Depending on your circumstances, one state's laws may benefit your case, that is why you have to live in that state for at least six months to get it to take jurisdiction.
    Answer Applies to: Texas
    Replied: 7/5/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    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.
    Answer Applies to: Ohio
    Replied: 7/5/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    State you are divorced in.
    Answer Applies to: Florida
    Replied: 7/11/2013
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You must follow the rules of the state you are divorcing in - however, one of those rules may be that you have already established residency in that state. So, if you have just moved to a new state, you may need to wait 30-90 days before starting the process.
    Answer Applies to: Illinois
    Replied: 7/5/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 7/5/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    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.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    The Reed Law Firm, P.L.L.C.
    The Reed Law Firm, P.L.L.C. | Vanessa Reed
    The laws of the last place of matrimonial domicile apply. However, each state has a residency requirement before a divorce can be filed. In Virginia, you must be a resident for 6 months prior to filing for divorce.
    Answer Applies to: Virginia
    Replied: 7/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Where are you getting the divorce?
    Answer Applies to: Connecticut
    Replied: 7/4/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 7/5/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    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.
    Answer Applies to: Florida
    Replied: 7/5/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    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.
    Answer Applies to: California
    Replied: 7/5/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    The state of divorce, if that is your current residence.
    Answer Applies to: Wisconsin
    Replied: 7/4/2013
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    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.
    Answer Applies to: Louisiana
    Replied: 7/5/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 7/5/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    In general, the laws of the State where the divorce will be processed will apply.
    Answer Applies to: New Jersey
    Replied: 7/5/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, in Georgia, once a person meets the GA residency requirement and files for a divorce here, the laws of the State of Georgia, i.e. where you live, apply. You should seek advice from your own divorce attorney. Good luck!
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia 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.
    Answer Applies to: California
    Replied: 7/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The law of the state in which you get divorced would apply.
    Answer Applies to: Minnesota
    Replied: 7/11/2013
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    The law of the state where you're getting divorced are the laws that are applied, as a state court is obligated to follow its own laws. If you have a premarital agreement that specifies a different state's laws shall apply at any divorce, then with a few exceptions, a state court will apply the laws in which the parties agreed to be bound by in their premarital agreement.
    Answer Applies to: California
    Replied: 7/5/2011
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