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#1
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What determines the outcome of a divorce?Does the outcome of a divorce (child support, alimony, community property rules, ect...) dependent on what state you got married in or what state you get your divorce in? Thanks Klord= |
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#2
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Re: What determines the outcome of a divorce?Quote:
My response: We're going to need more specifics; e.g., what do you mean by the words "outcome" and "dependent"? Also, did you have a particular State in mind, because each State has it's own idiosyncrasies of the law - - and, we're certainly not going to discuss all 50 States. IAAL |
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#3
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| Okay. Lets use an example here. Lets say I got married in the state of Washington and years later I get my divorce in Nevada. Do we follow the statutes and regulations of how much is paid to the spouse for alimony based on where we got married or where we got divorced? I have the same question about child support and community property laws and any other liabilities that may apply. Now lets take this to one more hypothetical level. Lets say I was married in a foreign land outside the USA. If I divorce in the state of Nevada, will still be liable for the same level of child support, alimony and all other finacial liabilities? I would assume that all this depends on what state I get divorced in regardless of where I got married. Or am I wrong? That is the question. Klord |
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#4
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| [quote]Originally posted by Klord [b]Okay. Lets use an example here. Lets say I got married in the state of Washington and years later I get my divorce in Nevada. Do we follow the statutes and regulations of how much is paid to the spouse for alimony based on where we got married or where we got divorced? I have the same question about child support and community property laws and any other liabilities that may apply. MY RESPONSE: First of all, "how much you pay to the spouse" has nothing to do with where you were married. It has everything to do with where you are a "resident"'; e.g., for tax purposes, it where you call home. And, in order to obtain a divorce in any State, you need to meet that States' residency requirements. For example, in order to obtain a divorce in California, you'd need to be a resident of the State for 6 months, and a resident of a County for 3 months. So, without regard to wherever you were married, if you divorced in California, you'd be using the California Dissolution Statutes for your divorce, spousal support, child support and property division. Now lets take this to one more hypothetical level. Lets say I was married in a foreign land outside the USA. If I divorce in the state of Nevada, will still be liable for the same level of child support, alimony and all other finacial liabilities? MY RESPONSE: Again, it makes no difference where you were married. You'd be following the Statutes of the State where the divorce takes place. See the above for the response to the balance of this question. I would assume that all this depends on what state I get divorced in regardless of where I got married. Or am I wrong? MY RESPONSE: You're right in this conclusion, and I covered the answer, above. Good luck. IAAL |
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#5
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| Are there any federal monies or dissolution statutes that come into play here in addition to the state that you have mentioned? Or is it strictly left up to the state? Klord |
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#6
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| Quote:
My response: Federal monies? Do you mean taxes? Other than taxes that may be due to the Federal government, there are no Federal divorce statutes. It's between you, your spouse, the State, and your sanity. IAAL |
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