Asked by Jo Ann  |  Submitted September 08, 2015

When a person files for divorce would it matter what state they file for divorce in? Would this make a difference on property settlements?

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  Answers  |  1

September 14, 2015

Hi Jo Ann, first, if you're asking for yourself, then let me say that I'm sorry you're working through this difficult situation. Filing for divorce really falls down to where you live currently and every state not only has different property laws (such as Community Property where spouses are automatically entitled to 50% of the assets) but also have different rules regarding if you can file for divorce there or not. Some have timelines to follow - meaning you have to have lived in that state for a certain amount of time before you can file for divorce there. Yes, what state you file in can have an effect on the property settlement. As always, though, please seek an attorney's advice, as I am not an attorney. Best wishes and let me know if I can help further.

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