Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-09-2003, 02:54 AM
Klord
Guest
 
Posts: n/a

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=
  #2  
Old 09-09-2003, 03:19 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: What determines the outcome of a divorce?


Quote:
Originally posted by Klord
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=

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
  #3  
Old 09-09-2003, 03:35 AM
Klord
Guest
 
Posts: n/a
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
  #4  
Old 09-09-2003, 03:48 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[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
  #5  
Old 09-09-2003, 04:04 AM
Klord
Guest
 
Posts: n/a
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
  #6  
Old 09-09-2003, 04:11 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by Klord
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

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
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:13 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.