But in the military community it is common for a couple to be from one state, married in a second state, living in a third state and own property in a fourth state. Further complicating matters, the couple may have recently been moved by the military to the state where they live and they may not have been there long enough to establish residency.
So how does a military couple decide where to file their divorce and does it matter which state they choose? For example, Sullivan said that Puerto Rican divorce courts will not divide a military pension between the service member and the spouse. So, while it would be beneficial to a service member to file there, it could be hugely detrimental to the spouse to allow the divorce to take place there. Military divorces, when one or both spouses are active duty, National Guard or Reservists, are basically the same as civilian divorces, but there are a few important differences, he said, and having a choice in where to file is one of them.
Sullivan is the author of a guide for lawyers called The Military Divorce Handbook , and he has also written several informational pamphlets available at www. He often lectures other lawyers, including military lawyers, on issues surrounding military divorces.europeschool.com.ua/profiles/misasedix/como-se-dice-conocer.php
The Basics of North Carolina Divorce Law | subsplumarer.tk
Stephanie W. She caught him cheating on her a year ago and, after attempting to reconcile for most of the past year, they have determined that their marriage is not salvageable. Stephanie and her husband were married in New York state, where he is from, and they have lived together in her home state of Georgia as well as in Italy and North Carolina, where they currently live, so she could possibly file for divorce in any of the three states. Sullivan said it is important for military couples to understand that the place where they got married has nothing to do with where they can get divorced.
Also, he said that both spouses do not have to be able to establish residency in the state in order to file for divorce there. If the other spouse does not object to the jurisdiction then the divorce can proceed in that state.
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The state where most of these events took place is the state where they should file. He said people should also consider the cost of traveling to another state in order to file all the necessary documents, meet with lawyers and, if the case goes to trial, attend hearings. The cost of traveling and taking time off work could make any benefit gained from filing in a distant state not worth the cost of filing there. No explanation for why the marriage is ending is required and the two people can simply say that they are no longer compatible or that they have irreconcilable differences.
In some states no-fault is the only option for a divorce, but many states also have a fault option. In a fault divorce one person must give a reason for the divorce, such as cruelty or adultery. Sometimes the innocent party in a fault divorce is entitled to a larger share of the marital assets or more alimony. Some states also have a shorter required separation period in a fault divorce. Mary Commander is a Norfolk, Virginia lawyer who has been practicing divorce law for 25 years for mostly military clients.
She said that in Virginia it is possible for a deployment to count as a legal separation period if one person in the couple began the deployment intending for the separation to be permanent. They do not have to file anything with the courts saying as much and both people do not have to intend for it to be a permanent separation. Sullivan said that North Carolina, where he practices, typically requires a one-year legal separation before a couple can get divorced but states like Texas and Florida have no required separation period. Commander said that it is also possible for the spouse at home to file for divorce while the other spouse is deployed, however she cautions against doing that in most situations.
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She also noted that a pending divorce could distract the service member from the mission, which could place him and others at greater risk. Spouse Relationships Divorce. Related Topics Divorce. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. If both spouses' names are on the title, each owns a one-half interest.
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How this distribution pans out depends on which type of legal ownership the spouse has iin any marital property. This right is independent of what the deceased spouse's will says.
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However, if the property was owned as " tenancy in common ", then the property can go to someone other than the surviving spouse, per the deceased spouse's will. Not all property has a title or deed. In this case, generally, whoever paid for the property or received it as a gift owns it. Alaska has an "opt-in" community property law that allows such a division of property, providing both parties agree. Marital property in community property states is owned by both spouses equally. Couples residing in community property states have to account for their community income as well as their separate income if they file separate federal tax returns.
Community property begins at the marriage and ends when the couple physically separates with the intention of not continuing the marriage. Of course, the couple can enter into a prenup agreement before the marriage, explaining how to distribute the marital property upon divorce. Usually, if the prenup is valid and doesn't violate federal or state laws, it will be followed—even in community property states. Real Estate Investing.
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Planning Your Wedding. Handling Your Money. The Legal Side of Marriage. Marriage and Taxes. What Is Marital Property? Key Takeaways Marital property refers to property that a couple acquires during their marriage.