When a marriage falters, many Arizona spouses become consumed with emotion and fail to adequately address their financial needs. If a divorce is on the horizon, there are many things that spouses can do to ensure a fair and favorable divorce settlement. One of those things is to give careful consideration to the jurisdiction in which the case will be filed. Many couples have a choice of jurisdiction, and that choice can have a significant impact on the bottom line.
For example, some states are far more likely to award spousal support than others. Certain states have child custody laws that can give one parent an advantage in a contested custody case. In some cases, property division laws are vastly different from one jurisdiction to the next. All of these considerations come into play during the legal process of ending a marriage.
Many couples have a choice when it comes to where to file. An example is found in the case of a couple where one spouse resides in one state, while the other has set up residence in a different state for employment reasons. In some cases, spouses own property in multiple states and can choose jurisdiction based on time spent in one house versus another. Spouses who have spent time in a different state in order to care for a family member or who travel extensively may also have the opportunity to select their jurisdiction.
Jurisdiction is a matter that should be examined prior to filing for divorce, as the party who files first is usually the one to determine jurisdiction. Arizona spouses should consider scheduling a consultation with a family law attorney to discuss this important matter and to obtain advice on the possibility of choosing jurisdiction. The financial and child custody ramifications of a divorce will have a lasting impact on the lives of both spouses, making it crucial to file for divorce in a jurisdiction that is in line with a spouse's particular set of needs.
Source: thefiscaltimes.com, "6 Money Mistakes to Avoid When You're Getting a Divorce", Kelli B. Grant, Aug. 26, 2016