In the United States of America, there are some laws that are regulated by the federal government and some that are regulated by the state governments. Divorce laws are typically run on a state level, which means that they can vary depending on where you are located. In some states, you may need to go back to the location where you were married in order to get a divorce. If you live here in California and your spouse lives in another state, then you may want to decide which state you would prefer to complete the divorce in. Typically if you are the one who serves the papers, the divorce will take place in your jurisdiction. Here are a few laws you want to be aware of just in case you need to get a divorce in another state.
In both New Mexico and Mississippi, families have the right to employ an “alienation of affection” clause. This will allow a third party to be blamed for the failure of a marriage. This means that a person has the right to sue the partner’s lover for damages if that lover was the issue that caused the end of the marriage. For example, if a husband was cheating on his wife with a secretary at work, the wife would have the right to sue the secretary for financial compensation because the secretary was responsible for the alienation of affection. This same clause does not stand in Los Angeles, though there may be situations where similar arguments can be employed.
In the state of Kentucky, there is a law which states that divorcing your spouse and remarrying four times is illegal. Once a person has had a third divorce with the same man or woman, it is completely final and the couple can never officially be wed again. California does not have stipulations like this, though the courts may be hesitant to grant a divorce or issue a marriage license to a couple that has made a pattern of splitting and remarrying. There is also a law in Wichita, Kansas which declares that a couple cannot divorce over a man’s mistreatment of his mother-in-law. If you want more information about strange divorce laws in the states and how they affect your California divorce, then contact an attorney at Claery & Green today!