Divorce and moving

[B12]

What is the name of your state (only U.S. law)? OK

I have been married 12 years, hve 4 minor children, and am planning to divorce my wife. I attempted to leave last year, decided to try and make it work, went to counseling, but it is not working out. I am transferring to a new job in CA and want to start the divorce before I leave, i.e. go to CA to my new job without her.

I am assuming that the divorce will fall under the laws of OK or will CA law affect the divorce? i plan to file in OK.

I am concerned about what she may have legal rights to, such as retirement, and how our debt will be divided (credit cards in her name, my name, joint, etc.). I am assuming she will have custody of the children and receive a majority of the property.

 

[LdiJ]

What is the name of your state (only U.S. law)? OK

I have been married 12 years, hve 4 minor children, and am planning to divorce my wife. I attempted to leave last year, decided to try and make it work, went to counseling, but it is not working out. I am transferring to a new job in CA and want to start the divorce before I leave, i.e. go to CA to my new job without her.

I am assuming that the divorce will fall under the laws of OK or will CA law affect the divorce? i plan to file in OK.

I am concerned about what she may have legal rights to, such as retirement, and how our debt will be divided (credit cards in her name, my name, joint, etc.). I am assuming she will have custody of the children and receive a majority of the property.

Since you are moving out of state, you are correct to assume that she would have primary custody of the children.

However, you are not correct that she would receive the majority of the property. You are each entitled to 50% of the marital assets and will be responsible for 50% of the marital debts. How you actually divide things up to arrive at the 50/50 division is something that you can agree upon if that's workable.

For example, you might exchange your share of the home equity for her share in your retirement account. Or you may take on a greater portion of marital debt in exchange for a greater portion of some other marital asset. Or you might agree to take on the entire marital debt in exchange for some other marital asset.

Generally whoever keeps a specific asset, keeps any remaining debt associated with that asset, and only the equity in that asset is divided.