If I can file an uncontested, no-fault divorce in a community property state and equitable distribution state Alaska, which is the better state to file?

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If I can file an uncontested, no-fault divorce in a community property state and equitable distribution state Alaska, which is the better state to file?

With no children, wife and I agree to divide all things 50/50, except for I assume all the liabilities loans/credit cards. She agrees to take 50 of all assets to include house/savings/cars and company pension. I want to keep my 401K and IRA. And I’m open to provide for a fair spousal support. I have an income 75K and she doesn’t. We are on friendly terms and want to just move on. Which state is

better, community property or equitable distribution?

Asked on May 3, 2017 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If everything is agreed to, then it really doesn't matter which state you file in because most judges will approve agreed divorces.  Even though they use different terminology, most judges will strive to be fair and equitable or close to 50/50.  Texas is an equitable state, but many judges will shoot for 50/50.  The potentially disputed issue seems to be marital support.  If this is the disputed issue, you would be better filing in Texas as marital support is somewhat difficult to obtain in Texas.  Even though marital support is not alimony, it has some of the same historical anti-alimony biases....which would work to your favor if your ex- persisted in asking for excessive marital support.


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