Community Property State or Equitable Distribution State?

[Trey269]

If I can file an uncontested, no-fault divorce in a community distribution state (TX) and equitable distribution state (AK), which is the better state to file?


With no children, wife and I agree to divide all things 50/50, except for I assume all the liabilities (loans/credit cards). She agrees to take 50% of all assets to include house/savings/cars and company pension. I want to keep my 401K and IRA. And I'm open to provide for a fair and time-limited spousal support. I have an income (75K) and she doesn't. We are on friendly terms and we just want to move on. Which state is better, community property or equitable distribution?

Trey

 

[Zigner]

If I can file an uncontested, no-fault divorce in a community distribution state (TX) and equitable distribution state (AK), which is the better state to file?


With no children, wife and I agree to divide all things 50/50, except for I assume all the liabilities (loans/credit cards). She agrees to take 50% of all assets to include house/savings/cars and company pension. I want to keep my 401K and IRA. And I'm open to provide for a fair and time-limited spousal support. I have an income (75K) and she doesn't. We are on friendly terms and we just want to move on. Which state is better, community property or equitable distribution?

Trey

Why do you think you get to pick and choose like that? You file in the locale that has jurisdiction.

ETA: If you both totally agree on things, then it really doesn't matter.

 

[LdiJ]

Why do you think you get to pick and choose like that? You file in the locale that has jurisdiction.

ETA: If you both totally agree on things, then it really doesn't matter.

Ditto...community property vs equitable distribution only matters if you are not in agreement.

 

[Trey269]

Why do you think you get to pick and choose like that? You file in the locale that has jurisdiction.

ETA: If you both totally agree on things, then it really doesn't matter.

Sorry, I failed to mention that I'm in the Army and a resident of AK (equitable state) but now living in TX (Community state). I could be wrong, but I believe I can meet both residency requirement.

 

[Trey269]

Ditto...community property vs equitable distribution only matters if you are not in agreement.

Sorry, I failed to mention that I'm in the Army and a resident of AK (equitable state) but now living in TX (Community state). I could be wrong, but I believe I can meet both residency requirement.

So if we both agree to all divisions, will the court NOT divide differently based on whether it's community or equitable? Thanks for any advise.

Regards,
Trey

 

[LdiJ]

Sorry, I failed to mention that I'm in the Army and a resident of AK (equitable state) but now living in TX (Community state). I could be wrong, but I believe I can meet both residency requirement.

So if we both agree to all divisions, will the court NOT divide differently based on whether it's community or equitable? Thanks for any advise.

Regards,
Trey

If you present a complete agreement to the court, as long as its not horribly lopsided, or contains illegal provisions, the judge is going to approve it.