Laws governing divorce vary—often wildly—from state to state. Contrary to popular belief, the law governing a couples’ divorce is not the law of the state in which the couple were married or even necessarily the law of the state where the couple spent most of their marriage; rather, it is the state law where the couple (or even one party) live for a prescribed period before filing for divorce.
The length of time parties need to live in a state to confer jurisdiction varies (e.g., in New York, it is 1-2 years). This is important because a couple’s rights and obligations can vary dramatically depending on geography. For example, many states like New York only divide assets acquired during the marriage and exclude assets received by inheritance or gift, while if a couple moves only a few miles north to Connecticut, all property—regardless of when or how it was acquired—will be divided in a divorce.
Avoiding Uncertainty
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