Law Offices of Indu Srivastav, APLC
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Filing options in multiple states? Think before divorcing

When you're getting a divorce, there is sometimes the reality that you could file in one of two different states (or more). Usually, the state where you hold residency will be where you file, but you might opt to file in the state where you got married or in the state where your spouse lives.

One thing to keep in mind is that all states approach divorce differently. You should never let filing in the wrong state affect your case negatively.

Here's an example. You live in California, but your spouse lives in New York. You want to keep as many assets as possible, so it would be smart to file in whichever state's laws would benefit you most. If you're the one with a higher income and who has put more into your marriage, you might want to file in New York, where assets are distributed equitably. If you earned less or didn't work during your marriage, California's community property laws make more sense since you're essentially guaranteed 50% of all your marital assets.

What you can take away from this is that state laws matter during your divorce. California has balanced laws that help make things as equal as possible. For many people, this is what is fair, and it may be what you want for your divorce, too.

Our website has more information on California's community property laws and why they work the way they do. You can learn more about them, and discuss your opinion on filing in a community property state with your attorney, so you know what to expect in the future.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
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