If we get married in new york, , can my wife use community property state law if she becomes resident in a state with that law?

Asked about 1 year ago - New York, NY

If we get married in new york and she moves to a community property state and divorces me there, which states laws will apply?

What if she moves to another country, which countries laws will apply in a divorce concerning division of property?

Attorney answers (4)

  1. Gary Burton Port

    Contributor Level 14

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    Answered . The law of the state where you have the divorce generally will govern. You can execute a prenuptial agreement where you both agree that the laws of the state of New York will apply in a divorce. You can also use the prenup to protect specific assets and classes of assets.

  2. David Ivan Bliven

    Pro

    Contributor Level 20

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    Answered . Assuming proper jurisdiction is established, the law of the state where the divorce is pending will apply. For a full assessment, schedule a consultation with a NYC Family Law attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  3. David P. Badanes

    Contributor Level 12

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    Answered . The state where you start the divorce

  4. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . As the other attorneys have mentioned, the laws of the state where the divorce action is properly commenced will generally apply. In the extremely unlikely event that the divorce is properly commenced in one state by one party and in another state by the other--usually the law of the state where the action was first commenced will apply. The law from one country to the next varies so much that more information about which countries are at issue and other details pertaining to the parties' situation would be necessary to answer. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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