If my wife filed for divorce in one state but I live inanother, in what state doI have to get a lawyer ?

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If my wife filed for divorce in one state but I live inanother, in what state doI have to get a lawyer ?

We have not lived together for the last 7 years. She still lives in AZ; I moved to NM last year.

Asked on April 24, 2011 under Family Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you live in New Mexico and she lives in Arizona, did you get married in or live in Arizona? If you have not lived together for the last seven years, and you both agree to that number, that means that you have been separated for seven years or just about and that each of your incomes and properties acquired thereafter are considered separate property. If your wife filed in Arizona, that is where she lives and if the Arizona statute allows a divorce filing there because one or more spouses have residency. You would need to obtain a lawyer in Arizona if that is where the hearing is but understand you would really want someone licensed in both states as a divorce attorney to help determine if there is needs to be a conflict of laws or choice of law analysis to determine if any New Mexico divorce statutes need to be used, especially if there are a lot of marital assets and of course, it is the intention of your wife to seek either or both spousal and child support.


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