Where should I file for divorce? When contemplating a divorce, there are many things to consider, both practical and emotional. Taking on the financial and logistical aspects of a divorce alone can be an enormous burden. Issues such as child custody and division of possessions are hard enough, but one must also consider alimony, paperwork, fees, and everything else that comes with taking apart a marriage. The good news is that seeking help from a qualified attorney can make the process much easier.
All states have their own regulations as to what is required in order to get a divorce in their jurisdiction so one of the the first things to evaluate is where to file the divorce paperwork.
File for Divorce In California
In California, in order to get a divorce, one party to the marriage must have been a resident of California for at least six months and a resident of their specific county for at least three months prior to filing for divorce.
This requirement only applies to one of the two parties. Therefore, if one partner in the marriage stays in California while the other one leaves, it does not matter where the other party goes or for how long, or even if he or she moves around. To file for divorce, only one of the two parties must be in that state as a resident.
Which state the divorce is filed can make a great deal of difference to the outcome. For one, there is the convenience of going through all the divorce proceedings in one’s home state. Also, filing the divorce in the home state of the marriage may make the proceedings easier. Most importantly, when it comes to where to file the divorce, the state’s property laws can be a big factor. Some states divide property differently between spouses of different financial situations. Making sure that a divorce takes place in the state with the most benefit to one’s claim is very important.
California has a strong presumption that any and all debt accumulated during the marriage belongs to both parties. Other states may examine debt differently and determine that the debt is separate.
Some states, California included, take the view that private property inherited or acquired from one branch of the family stays with that member. Put another way, if one person in a marriage inherits a lake house, that property is presumed to stay with that partner after the marriage is dissolved.
Because every state has its own regulations and wrinkles in the law regarding divorce, it is important to know the differences between states. When the differences are understood, then a divorce can proceed in the most beneficial state with confidence.