Thursday, May 3, 2012

Four Tips for Filing a Divorce in Another State



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There is much legality that your lawyer should be aware of when you file for divorce. While they are aware of the necessary laws, it is important for you to understand the system as well. This is because you should know what your rights are, and what you will be getting into when you file for divorce and undergo the process.

Sometimes, some divorces take place outside of their original state where the marriage was held. If this is you, you may want to be aware of some tips that will help you know what state to file for divorce in.

Tip #1: Check if your lawyer has license to practice

Any lawyer will be more than aware of the laws for their specific state. For example, if you are filing for divorce in Texas, your lawyer should be more than familiar with Texas laws concerning divorce. If you are filing for divorce in New York but your spouse resides in Texas, you have to make sure your lawyer is cross-licensed to practice in the other state. However, if your lawyer does not have these credentials, you will need to get a specialized and state-specific lawyer in order for the divorce to proceed.

Tip #2: Understand how assets will be distributed

Each state is different as to how assets are divided. Some states have what are called community laws. These laws provide both individuals with a share of the property. Other states do tend to follow the separate property guidelines. Your lawyer should be informed of which states have community laws and which honor separate property laws. When it comes to splitting property, it is best to discuss who will receive what with your spouse.

Tip #3: Know the child custody laws for your state

Good parents will explain the necessity of the divorce to their children and help them cope. This is important especially when each parent is seeking custody of their children. In this case, it’s important to be aware of the custody laws for each state. They can vary widely, and all the rules must be heeded in order to follow the proper divorce laws.

Tip #4: Be aware of deadlines and reasons for divorce

There are states that require a divorce to be filed within a specific period. If this paperwork is not received by the courts of that state by the appropriate deadline, it may be nullified. Other states will have a fault or no-fault divorce claim. So make sure you and your lawyer are aware of the specifics and deadline.

Getting a divorce is a difficult time for many individuals. Going through the emotions is tough, but working through the paperwork and requirements of a divorce shouldn’t be. As long as you have the proper information and a good lawyer, your divorce will go smoothly.

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