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Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 355
Experience:  Former IRS Revenue Agent
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Me and my wife is getting a divorce and i have some

Customer Question

Hi! Me and my wife is getting a divorce and i have some questions regarding where in the world we should get divorced.
We got married in Sweden in Oktober 2011 to enable my wife to apply for an H4 visa connected to my H1B visa.
We've lived in California since January 2012 but my wife is still registered as a resident in Sweden while I'm not. We never registered our marriage in California or US other than having it in our Visa and Greencard applications. we both got our 10 year greencards about 3 weeks ago.
My question is if we need to get a divorce in CA or if the divorce in Sweden is sufficient?
Best
Viktor
Submitted: 2 months ago.
Category: Tax
Expert:  Dr. Fiona Chen replied 2 months ago.

Dear Customer,

Once you are married at one place, you don't have to register your marriage again in another place. Whether you get a divorce in any place in the world, the effect is the same.

However, in terms of tax or any other social and family matter, it is usually recommended that you get divorce at the place where you jointly live the longest. You also may want to file where you most business and family assets or activities are.

The first person filed at a certain jurisdiction usually ends up having the pleading heard there.

So, you probably want to decide and file first as soon as possible.

California is a community state. It has one of the best protections among all the U.S. states for the lower earning spouse in general. I have not had exposure to Sweden's divorce law and tax.

It is suggested that you "pay" three top line divorce attorneys, three separate firms, just to consult on where you can and should file your divorce case to get the best benefit financially and for your children, etc. This is how important the matter is, which is worth you to look for a third opinion. -- three separate opinions.

If your wife sent us this request, I would have said the same thing.

Please feel free to follow up.

Regards,

Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

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