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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i live in nevada but we are from california. we live 5 miles

Customer Question

i live in nevada but we are from california. we live 5 miles from the california border. i think my husband is going to divorce me. i've been told that i should get a small place in california for 6 mos. to become a resident of california because the divorce laws are better for the wife there. 50/50 state, alimony after 10 yrs.(its been 17), better child support...etc. there has been no infidelity to my knowledge but he seems angry and very unhappy. i don't want to leave the family home and he says it's his house and he's not moving. i would like to know the legal way to get residency without raising any flags for my husband. i don't want him to blind side me and my son if i can help it. please help!
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns. To ensure that I do not miss anything, I will go line by line with your post and comment whenever I deem it appropriate.

You posted:
i live in nevada but we are from california. we live 5 miles from the california border. i think my husband is going to divorce me. i've been told that i should get a small place in california for 6 mos. to become a resident of california because the divorce laws are better for the wife there.
That is not necessarily true, California is known as a 'community property' state as is Nevada. Both split assets 50/50 between spouses upon divorce. There are minor difference as California can grant an easier divorce based on 'no fault' of irreconcilable differences, and alimony at times can be higher to the less financially stable spouse. That spouse, however, can be the husband or the wife, the courts look to who is the bigger earner, and if that happens to be you then California may not be a better choice.

50/50 state, alimony after 10 yrs.(its been 17), better child support...etc. there has been no infidelity to my knowledge but he seems angry and very unhappy.
California does not factor in adultery for spousal support purposes.

i don't want to leave the family home and he says it's his house and he's not moving. i would like to know the legal way to get residency without raising any flags for my husband. i don't want him to blind side me and my son if i can help it. please help!
My apologies but to get 'residency' you have to physically reside there--that includes owning or living in a property, changing your mailing address over to the new location, and receiving correspondence there, specifically bills. You cannot change your residency otherwise, as it involves a physical transfer which is what you would need to pursue if you seriously wish to transfer over to California

Good luck.

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