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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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I live in Az for the past 4 month and want to file for a divorece

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I live in Az for the past 4 month and want to file for a divorece from my spouse who lives in North carilona. How is the property distributed since it all is in North Carolina and was all odtained after we were married
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

The laws of the state where you file your divorce will govern the distribution of your marital assets.

Arizona is a community property state and North Carolina is an equitable distribution state.

This means if you and your spouse are unable to come to an agreement concerning the division of property, the court will divide the property according to the laws of the state in which you file your divorce. If you file in Arizona, the court would divide the marital property 50-50. If you file in North Carolina, the court would divide the property "equitably". Equitably does not mean equally although oftentimes it is an equal distribution. Instead an equitable distribution means that the court would divide the property according to what the court determines to be fair.

I hope this helps

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