Asked 8 months ago - Smyrna, GAFlag
My husband left without warning after pretending to stay to work on anger issues with a counselor. I believe he will try to hold me responsible for paying part of his student loans accrued during our marriage (about 55,000 - I accrued about 15,000). We were only married for three years (in January - two years now). Will it be more favorable for me to divorce him in Massachusetts or Georgia?
Every state has rules about how to determine the appropriate jurisdiction for filing a divorce action. Generally, the appropriate state is going to be the state where the defendant resides. The only exception is when the defendant left "recently" from the state where the parties were residing as a married couple.
It most likely doesn't really matter which state would be more favorable. If you are filing, you must file in Massachusetts unless your husband has not yet lived in Mass long enough to satisfy their jurisdictional requirements; in which case you must file in Georgia (if he's been gone less than 6 months) or wait until he does meet Mass's requirements.
To answer your specific question (which state would be more "favorable") you would need to either find an attorney who is licensed in both states or speak to multiple attorneys (at least one per state). Either way, an attorney would need more information from you in order to be able to tell you what your options are.
I hope this information helps answer your question(s).
~ Kem Eyo
You've actually asked the wrong question without realizing it. The actual question is where CAN you file? That is a question of personal jurisdiction. You haven't stated who lives where, and where parties lived before, and how long ago that before is.
As a general rule, you MUST file where he is unless he recently left another state. An exception is where both parties agree on everything.
If Georgia is the appropriate state, feel free to call me with details and to assist you at 404-768-3509.
You have not really given us enough information to determine if you in fact have a choice. Likely, only one of the states will have jurisdiction to grant the divorce. If by chance you could pick a state, I would talk to lawyers in both states and see what advice you get before making a decision.
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