Wife has rights on company?

[justdivorced22]

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

We are from India, and stayed in the state of NY together. For the last 6 months, however, my wife has moved to the state of Washington, and I am currently in Rhode Island.

Now we both have been wanting a divorce for sometime, but for certain reasons (filing divorce abroad etc) we haven't filed for it in the US yet.
I now plan to withdraw my divorce application abroad, and am concerned of the repercussions if my wife files divorce in the state of WA.

I am told, since my wife resides in WA, she automatically gets jurisdiction there, while I need to stay a year in RI to get jurisdiction.

My concern is - I have started a company after we filed the divorce abroad. Can my wife stake a claim on my company if she files for divorce in WA?
She wants a divorce because she cheated on me during a major surgery I was undergoing, and now she wants to marry her lover.

 

[Farfalla]

Most likely she does. You should see an attorney as there are many factors that could play into this.

 

[mistoffolees]

Most likely she does. You should see an attorney as there are many factors that could play into this.

Yes, they need to see an attorney. However, make sure the attorney knows that they filed for divorce in India before OP started the company. It is possible that if they pursue the divorce in India, the company might be considered a separate asset.

 

[Farfalla]

Yes, they need to see an attorney. However, make sure the attorney knows that they filed for divorce in India before OP started the company. It is possible that if they pursue the divorce in India, the company might be considered a separate asset.

I'm not sure what the laws are in India. Perhaps the OP can tell us if the concept of commuity property even exists there. It does not in many countries.

In the USA however, if the company was started after the divorce was filed, but community money was used it can still be community property. If it was started with a separate asset such as inheretance it probably is not community. He does need to talk to an attorney.