Married in Canada but both U.S. Citzens and live in WA state...does WA law apply if we were going to get divorced?
Seattle, WA
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Posted about 1 month ago in Marriage / Prenuptials
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Both my husband and I are born U.S. citzens and live in Washington state. We got married in Vancouver, Canada just because we wanted a destination wedding. So we have a Canadian marriage license, and never obtained a U.S. marriage license. Since we both still live in Washington but have a canadian marriage license, does WA state law still apply? Such as everything is considered community property even though we got married in Canada? Thanks
Answers (1)L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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I'm not licensed in either Washington or British Columbia, so don't take this as legal advice. The general principle is that if you divorce, the law that is going to apply is almost certainly going to be the law of your and your husband's domicile. Since you're domiciled in Washington ("domicile" = legal residence plus intent to stay), and were at the time of the marriage, I don't think the location of the ceremony or where the license was obtained would, in the event of a divorce, be significant.
It's possible a Washington-licensed lawyer might disagree. If you need legal advice, please consult one. Good luck. |