My wife and I are California residents, but have permanently moved to Mass some mon ths ago and have owned a house here for over two years.. In case there is a demand for divorce from one or both parties what is the law regarding sharing of assets, time etc. and can it be initiated in Mass or go back to California
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In order to file for a divorce in any state, that state needs to have jurisdiction - a relationship with one party.
Give me a minute and I'll give you some detailed information.
i can wait, you might also check if no fault comes into play,,,,and what the wife can expect when she goes to a lawyer asking for divorce
shall i wait on line
To file in California, one party will need to be a resident for at least 6 months before filing (that is unless the marriage was entered into in California and neither spouse lives in a jurisdiction which will permit a divorce). Since the exception does not apply to you, California will not hear the divorce.
In Massachusetts, one of you would need to live there for at least a year before filing.
Sorry for the delay in responding, but I wanted to double check on the California statutes.
Since Mass would be the appropriate venue for the divorce, I will check on no fault there. So hang on a minute.
In Mass, the no fault divorce is called the "irretrievable breakdown of the marriage" and the divorce can be initiated by one party or both, jointly, which is the quicker way to do so.
can you give me direct answer to my question which is,,, what rights does my wife have,, can she now sue me in Mass or does she hav e to sue in Cal.. and if so what can she expect moneywise
How long have the two of you actually lived in Mass? And you stated that you are California residents, do you have a home there? Do you work in Mass?
Unless, either you or your wife have physically lived in California for 6 months, she should not be able to file in California and would need to file in Mass.
we have been going back and forth Cal to Mass for two years, house in Mass bought 2 years ago,, lived in daughters condo 12 years in califirnia
In Mass, property division and alimony are determined by a number of factors which include length of marriage, age and health of both parties as well as their current income and earning potential and each of their separate financial status. If you have been married for over 20 years, in Mass, alimony would end upon reaching retirement age. And if you have been married less than 20 years, alimony is based upon length of marriage.
The amount of alimony is typically limited to 35% of the difference between the paying spouse's income and the recipient spouse's income.
If you tell me how many years you have been married, I can give you an estimate of how long you can expect to pay alimony, unless she makes more than you.
maybe i dont quite comprehend,, we are retired,, are you saying that if we were married over 20 years alimony no longer required.,,, also can she expect 50% of everything i own (stocks bonds etc.), our income is derived from those. also in your opinion, can she initial in Mass, or go back to Cal to initiate,, also when i try to chat back, often the reply button does not work
I'm sorry about the system errors.
Bear with me while I do some typing.
If you have been married for 20 years, but have not yet reached retirement age, alimony would end upon reaching retirement age. However, since you are already retired the order would, obviously, be entered after you have reached retirement age so the court is not bound by that and may set an alternate termination date.
As for property division, the court will look at all assets and assign a fair distribution. If everything you owned was acquired during the marriage, I would expect that she would receive 1/2. The court looks at may factors including each parties' efforts to acquire and maintain the assets during the marriage, and the contribution of a homemaker spouse.
Assets acquired prior to marriage and kept as separate property may be exempt from distribution.
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so you are saying, that the likelyhood of wife getting 50% of acquired assess is good,,and part of the income of my stocks and bonds,,,
she has con tribued nothing of dollar value to the marriage. also how long before a court makes a ruling,, your guess
My guess, if you can come to an agreement (separation agreement), within 6 months if not, up to a year.
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