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Does where you divorce matter?

On Behalf of | Jul 23, 2021 | divorce

If you and your spouse have split up and are living in separate states, it’s important to think carefully about how you want to handle your divorce. Different states have varied laws, and choosing the right state to file in will make a difference in your case. In a divorce in North Carolina, the state uses equitable distribution laws. 

With equitable distribution laws, your marital assets should be divided fairly, but not necessarily equally. On the other hand, if your spouse has now been living in California for the last six months, they may opt to file in that state where they’d be entitled to get 50% of the marital assets under community property laws.

Can you file for divorce in any state you choose?

No, you can’t file for divorce in any state you choose, even though there may be a state that has laws that appeal to you more than others. The only way to use a different state for divorce is to live there, usually for six months or so, before you file. This is because only residents of the state can file for divorce there in most cases. 

What should you do if your spouse tries to file for divorce in another state?

It’s smart to look into your legal options if your spouse tries to start your divorce in another state when your marriage was primarily in North Carolina. If the other state gives them an advantage in divorce, it’s worth looking into ways to keep your divorce in North Carolina, so that you can go by the laws of the state that are most familiar to you.

If your divorce seems to be getting very complicated, very fast, it may be time to seek experienced legal guidance.