do i get a lawyer from the state where i live or where i got married?

Do the laws of the state you were married in apply?

In general, the laws of the jurisdiction in which you are divorcing apply, but laws of the state in which you were married may affect issues of fact in the divorce. You should better check up on your particular situation. California is a 'no fault' state, and you might have been married in a state that did not have 'no fault' laws.

Do you have to live in the US to get married?

Most states in the U.S. do not require you to be a resident of the state in order to obtain a marriage license there. Check with the state where your wedding will be held to find out what paperwork to bring with you when applying for your license and whether there is a waiting period.

Do I need a lawyer for my out of state divorce?

Most divorces, especially out of state divorces, involve a detailed legal and financial analysis. And, if you have children, you must also address the complexities of child custody and support payments. A lawyer can ensure that your case is properly handled and your rights are fully protected.

Which state do you get your marriage license in?

You get your license in the state where you will be married. There is only one state that is an exception and I can't remember which one it is. My mom and stepdad got married in NC but are from SC. They had to plan ahead to get their license in NC.

Does it matter where you get married?

Yes. No matter where you get married (within the United States), California will recognize your union, and as long as you meet the requirements, the state will grant your divorce.

What state is the easiest to get a divorce?

The 5 Easiest States To Get A Divorce:New Hampshire.Wyoming.Alaska.Idaho.South Dakota.

Do you have to file for divorce in the county you were married in California?

To get a divorce in California, at least one of the spouses has to have been a resident of the state for at least six months before filing the divorce petition. You must also live in the county where you file the divorce petition for at least three months before filing.

Can you get a divorce in California if you were married in another state?

If you live in California and your spouse lives in any other state or vice versa, you can still file a petition for divorce in California. Additionally, it is possible to file the petition for legal separation or divorce in a state other than the one where you got married.

What are the worst states to get a divorce in?

This Is the Worst State to Get Divorced in America, According to...New Mexico.North Dakota.Montana.Wyoming.Vermont.West Virginia.South Dakota.North Carolina.More items...•

Do you have to file for divorce in the state you were married in?

In general, either spouse can file for divorce in any state where a spouse fulfills the residency requirements. For the purposes of a divorce, it does not matter which state you were married in. It only matters which state either spouse resides in.

How many years do you have to be separated to be legally divorced in California?

In California, there is no required separation period before you can get divorced. That means that you and your spouse are able to decide you want to get a divorce and, on the same day, file for divorce.

How long do you have to be married to get half of everything in California?

In California, there is no 50/50 split of marital property. According to California divorce laws, when a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.

How much does it cost to file for divorce in CA?

$435The filing fee for a divorce in California is $435. If your spouse decides to respond to your complaint, then they must also pay $435. You should also note that there may be additional costs as the case progresses. If you can't afford to pay these costs, you have the option to ask for a fee waiver.

Can I leave California after filing for divorce?

A divorce case is not like a criminal case, which may stop you from leaving the state while charges are pending. Instead, you still have the right to go wherever you want – you just need to be available to appear in court when required.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

How can I get a quick divorce in California?

How To Expedite A Divorce In California. One way to get divorced faster is to opt for a summary dissolution. To qualify, your divorce must be uncontested, you must be married for under five years, have no children together, have limited shared debts and assets, and both agree to waive spousal support.

How Do I File For Divorce When My Spouse Lives Out of State?

Residency RequirementsMost states have residency requirements before you can file for divorce. (Alaska, South Dakota, and Washington do not have th...

What Are The Advantages and Disadvantages of Filing in Different States?

Every state has its own laws concerning divorce, child custody, child support, and alimony. If you and your spouse live in different states, it is...

What If Both Spouses Have Filed at About The Same Time in Different States?

Sometimes, both spouses file for divorce at about the same time. Called “concurrent filing,” this can complicate a divorce. However, the general ru...

Do I Need A Lawyer For An Out of State Divorce?

Unless your divorce is very simple and uncontested, it is in your best interest to hire a family law attorney. Most divorces, especially out of sta...

How long do you have to live in New York to get divorce?

If you or your spouse has been living in New York continuously for a minimum of two years prior to the initiating of the divorce case, then you will meet the residency requirements. Alternately, if you or your spouse has been living in New York continuously for a minimum of one year prior to the initiating of the divorce case and you ...

Can a person petition for divorce in the state where he or she lives?

This is why, in most cases, a person will petition for divorce in the state where he or she lives. Depending on how long he or she has lived in that state, it is most common that the court will have jurisdiction over a state resident to hear his or her divorce case. Prior to filing for divorce, you should verify your state’s residency requirements.

Do I Have to File for Divorce in the Same State I Got Married?

In order to be able to grant a divorce, a state court must have jurisdiction over the divorce proceedings. Jurisdiction means that the court has the power to rule over the procedures as well as decide the outcome of the case. This is why, in most cases, a person will petition for divorce in the state where he or she lives. Depending on how long he or she has lived in that state, it is most common that the court will have jurisdiction over a state resident to hear his or her divorce case.

What state does divorce law apply to?

Divorce laws apply to the State where you are residing when you file for divorce. If you are residing in California at the time that you file for a divorce, then California Laws will apply to your dissolution.

What state do you get divorced in?

Normally, the laws of the state you are getting divorced in apply. For example, if you got married in New Mexico and then, you and your spouse moved to Washington, and filed for divorce in Washington, the laws of the State of Washington would be the laws applied. There are sometimes some exceptions to that rule, involving property, ...

What laws apply to community property?

Different laws may apply with regard to property distribution and community property depending upon where you last lived together and where property, especially real property, was obtained. Custody laws of the last "home state" of the children will apply, and determinations regarding custody may have to be made there.

What is the applicable law for divorce?

The applicable law is the law of the state in which the divorce proceedings are held. Generally, the place where you live determines which state can handle your divorce.

How long do you have to be a resident of Ohio to get divorced?

The laws from the State where you are getting your divorce are the ones that apply. You must be a resident of the State of Ohio for at least six months prior to filing for divorce in Ohio.

What is jurisdictional issues in divorce?

There may be jurisdictional issues depending on how long you have been in the state, where the other spouse resides, where real property is located, where the children live, and so on.

Do the laws of the state in which you are getting divorced apply?

There are some exceptions, for instance if you have a pre-nuptial agreement that indicates another state's laws should apply. Report Abuse. Report Abuse.

How to get a marriage license in another state?

While a marriage license issued in any state is valid throughout the country, you can easily obtain a license from your home state simply by holding the legal ceremony at your local Justice of the Peace, then packing your bags for the big celebration elsewhere. 2. You are getting married in another country. First, give us all a moment.

Can a foreign marriage certificate be registered in California?

Next, you should know that foreign marriage certificates cannot be recorded or registered in the State of California. If you need to establish a record of the marriage in California, you may file a petition in Superior Court to establish a “Court Order Delayed Certificate of Marriage”, which is exactly as fabulous as it sounds – Eek! The process involves filing papers, attending a hearing, proving the date and location the marriage took place, and submitting the resulting court order to the county clerk. Additional information can be found here.

Does California require a marriage license?

California has no residency requirements for a marriage license. If you live in another state but have chosen to wed here (we won’t judge!) simply follow our instructions for obtaining your San Francisco Marriage License and you should be golden.

Do you have to be a resident to get a marriage license?

1. You are getting married out of state. Most states in the U.S. do not require you to be a resident of the state in order to obtain a marriage license there. Check with the state where your wedding will be held to find out what paperwork to bring with you when applying for your license and whether there is a waiting period.

Can a non-US citizen get a marriage license in California?

Non-US citizens can obtain a marriage license just like citizens; there are no extra requirements in California. However, for the marriage to be legal and recognized in your country of residence you will need to comply with any local laws and requirements.

Do you need a marriage license to get married in Nebraska?

I get that! Maybe you’ve always dreamed of a beach wedding but you’ve settled down in Nebraska; maybe you want to get married close to your family and friends, or as far away as possible. In any case, out-of-state elopements and destination weddings still require a marriage license. While getting one may feel a bit more daunting than for a local wedding, we are here to walk you through the necessary steps.

What should you do if you don’t want your relationship to be recognized as a common law marriage?

Both parties must agree that they intend to be married and must also hold themselves out to the community, friends, and family as being a married couple. This can include factors such as taking the same last name, referring to each other as husband or wife and holding joint assets together.

What states recognize common law marriage?

Currently, common law marriage is recognized in seven states and the District of Columbia:

What is a common law marriage?

Common law marriage is often considered the original form of marriage. It dates back centuries when a couple would take up residence together, behave as a married couple, and present themselves to the world as a married couple. These standards are still pretty much in force today, along with the fact that a couple has never gone through a formal ceremony or gotten a marriage license.

What are the requirements to have a common law marriage?

There are general applicable requirements for a common law marriage to be valid. Specific requirements will vary slightly from state to state, including the amount of time cohabitation is needed to meet state laws.

How many years do you have to live together for a common law marriage?

The amount of time a couple has cohabitated to meet the requirements for a valid common law marriage vary from state to state .

What happens if there is not a valid common law marriage, but you still own assets together?

If the asset is in your name only, then you can lay claim to the entire asset without the formality of a valid common law marriage. Any asset that lists both partners as owners, such as a house or a car, means that each partner can claim their share of ownership in the asset.

What does "cohabitation" mean in marriage?

consenting to the marriage. cohabitation. the reputation in the community as being married. The state does not recognize common law marriages entered into by minors or any foreign common law marriages entered into by minors, even if that marriage would have been valid where entered into under local law.

How long is a Florida wedding license good for?

Flag. In Florida, the 3-day waiting period only applies to FL residents -- not non-residents. License is good for 60 days and must be returned to the courthouse within 10 days after the wedding. The license can be obtained at any FL county courthouse and used anywhere within the state.

How long is an Iowa marriage license valid?

We're getting married in IA, but live in MO. Iowa's licenses are valid for six months so we got ours back in April even though we werent getting married until July.

When does a marriage license expire in Texas?

Also note that a Texas marriage license is not valid until 3 days after you receive it (meaning you need to get it at least 4 days before your ceremony), and it expires on the 90th day after receiving it if you have not had your wedding yet.

Do you have to get a driver's license if you are getting married?

Check the laws in the state you plan to marry. In the state we got married, we could get a license from any town clerk in the state since we weren't residents of the state. Also, much to my surprise, they required no forms of identification, not even a driver's license. I'm sure that's an anomaly though.

Does every state go by county?

Sovatastic, not every state goes by county. In NJ, we go by city. We could be the only state, but it's worth talking to the horse's mouth, as it were.

Do you get your license in the state you get married in?

Flag. You get your license in the state you get married in. But different states have different requirements as if you have to get it in the county you get married in or not. They also have different windows of time that you have to get your license and still have it be valid on your wedding day.