Change jurisdiction to get more favorable divorce?

jamesbonding
Full Member

Posts: 161

Change jurisdiction to get more favorable divorce? Dec 4, 2018 0:18:07 GMT -5

Quote

Post by jamesbonding on Dec 4, 2018 0:18:07 GMT -5

Fortunately I live in a no-fault divorce state, and I'm not considering divorce right now, but I'm just curious:

If you live in a place where the divorce laws are not favorable for you, could you move to another state or country (with or without your spouse accompanying you) and file for divorce there, to take advantage of more favorable divorce laws?

Or, on the other side of the coin, if your marriage is on the brink of divorce, and you or your spouse are considering moving to a place with less favorable divorce laws, should you file for divorce in your current location immediately?

Last Edit: Dec 4, 2018 0:31:10 GMT -5 by jamesbonding

baza
Senior Members

Tread your own path

Posts: 5,556

Change jurisdiction to get more favorable divorce? Dec 4, 2018 0:56:53 GMT -5 hopingforachange likes this

Quote

Post by baza on Dec 4, 2018 0:56:53 GMT -5

Good questions to put to ones' lawyer Brother jamesbonding .

In my jurisdiction the divorce laws are Federal and it does not matter a rats arse what state within the Commonwealth of Australia you reside, or file in.

I understand that in the US divorce laws may vary from state to state.

Something else to consider -
Even if your marriage is "made in heaven" it doesn't hurt to know how a divorce would shake out for you.
There are about 4 current members here who also were "not considering divorce right now" and their spouse blindsided them and filed first, much to the ILIASM members surprise and consternation.
The continuation (or otherwise) of your marriage is not solely at your discretion....it's as well to keep that in mind.

choosinghappy
Senior Members

ILIASM Poet Laureate

Posts: 1,741

Age Range: 36-40

Change jurisdiction to get more favorable divorce? Dec 4, 2018 20:43:33 GMT -5 via Tapatalk DryCreek, jim44444, and 2 more like this

Quote

Post by choosinghappy on Dec 4, 2018 20:43:33 GMT -5

Before my ex and I split we were discussing moving to a different state so I researched how a divorce would shake out for me both in the current state and in the new state. I learned that in order to file for divorce in the new state we would have had to be residents there for at least a year. I am under the impression there are at least some US states that have this rule.

Btw: There were things that would have been to my advantage if we moved and I filed in the new state but it wasn’t worth wasting another year of my life and my sanity.

"Let your faith be bigger than your fear."

mirrororchid: We've compared denier/refuser spouses to prison wardens. Dr. Psychmom has compared them to hostage takers and the unhappy spouse has Stockholm syndrome. Prisoners can't leave. Stockholm hostages don't because they want a good outcome for the captor. Sept 10, 2024 18:54:11 GMT -5

mirrororchid: Heard on a podcast: "Dating is where we present our best selves. Vulnerability is the opposite. Where we risk our partner knowing things that are imperfect. This is the way to forge the life partner bond." Sept 10, 2024 19:17:03 GMT -5

week5of35years: My Wife had 30 free mins before she had to start work this AM... I said.. "lets have a quick shag" and she said she was going to walk the dog instead.... Still work to do.... Sept 17, 2024 3:51:34 GMT -5

ILIASM Forum

Change jurisdiction to get more favorable divorce?

Post by jamesbonding on Dec 4, 2018 0:18:07 GMT -5

Post by baza on Dec 4, 2018 0:56:53 GMT -5

Post by choosinghappy on Dec 4, 2018 20:43:33 GMT -5

Shoutbox