Where to file for divorce if you live in one state and your spouse live in another and you have property there?

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Where to file for divorce if you live in one state and your spouse live in another and you have property there?

If you live in one state for over a year (non-community property)) and want to divorce your wife that lives in another state (community property) and own a house where she lives, can you file there or would it be better to do it in your own state and then take the divorce decree to the other state to take care of the issue of the house? I’m not sure how to take care of the divorce and property all at once. I’m worried that once I file for divorce here she will let the house get foreclosed on.

Asked on October 28, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your strategy here is best discussed with an attorney in your area.  I believe, though, that the marital state would be the community property state, correct?  That is where you resided as husband and wife?  Then I highly doubt that a court would allow distribution of the marital property to be determined with other than that law.  But that is a different issue than where you can now file for dissolution of the marriage.  You have established residency in the state in which you now lie, correct?  Then you would file for divorce in that state.  However, the court would still have to obtain jurisdiction - the right to make a decision - over your wife and that is done by properly serving her in the other state.  Get help.  Good luck.


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