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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?

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. Best answer

    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@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. 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.


  3. 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.

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