Where to file for divorce and custody?

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Where to file for divorce and custody?

My husband and I have been separated for over 3 1/2 years. We got married one state and lived in another for 5 years as married couple. We have a son who is now 6 years old and he is with me here in Philippines. I’m been studying here for 3 years. My husband calls us every week and gives financial support to our son. I’m going back to U.S 6 months from now and plan to start a new life in a new state (I have family there). I’m ready to file for divorce when I go back but I don’t know where to start. I want custody of my son. Also, would I be asked to pay for my husband’s debt even if I didn’t used a single cent of his borrowed money?

Asked on June 18, 2012 under Family Law, Utah

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you were married, your debt was a joint debt so it makes no difference if you did not benefit, unless you can convince the court that equitable distribution requires he be responsible for the entire debt. If you lived in a community property state, that is not going to be an option. His debt is jointly your debt. You would file for divorce in the state in which you had residency if he still lives there. You would need an attorney from that state to help you.


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