Divorce Laws

[saraece]

Ok I know none of us are going to get divorced, or are even thinking about that...but I never realized (because I am not planning on getting divorced) that we will have to adhear to the Dominican Republic's, where we got legally married, divorce laws. It never occured to me that they may different or something I might want to check out before I decide where the legal ceremony is. I did check it our breifly after a friend suggested and their laws and proceddings seem to be similar to Canada, but I thought what if there are different rules about the seperation of $$, alamony payments, child custody, child support...

What are other people's thoughts?? Have you looked into it?? I know you shouldn't think of a way out down the line, or go into a marrage with a exit strategy but lets be realistic, what is the percentage of failed marriages??

[DallasAshli]

I think you are being smart to at least know the rules! Even if you never have to use them (which of course, you wont!!). I dont know how it works in DR or Canada, but you should find out - if for no other reason than if anyone asks, you will look super smart and prepared (for the question, not a divorce)

[JaimeLynne]

Interesting point. We're getting legally married in the U.S. However, I still keep the "D" word in the back of my mind when I think about things like name changing. For example, my legal name will be hyphenated. I'm keeping my middle name, so I will have 4 names which seems totally odd to me, but my Aunt suggested this. Because apparently if you change names, then when you get divorced you have no record as far as credit. But if you keep your last name (at least hyphenate it), then there will be some sort of record our there for your maiden name. My Aunt waited until she was about 40 to marry my Uncle, so I doubt she was considering divorce - but she did it just to be safe, which is what I plan on doing.

[ErinB]

From what I found, jurisdiction usually is an issue of residence or citizenship. So, for example, even though we were married in JA we would divorce here. But, if my husband was Jamaican we would have to divorce there. Or, if we bought a house on the beach in Jamaica and moved there, we would have to be divorced there.

 

Interesting question. I never really thought about it before.

 

I am looking into a post-nuptial agreement because I own my own business and if our relationship were to disolve, I wouldn't want to have to sell to divide assets, that type of thing.

[samanthag]

Quote:

Originally Posted by JaimeLynne Interesting point. We're getting legally married in the U.S. However, I still keep the "D" word in the back of my mind when I think about things like name changing. For example, my legal name will be hyphenated. I'm keeping my middle name, so I will have 4 names which seems totally odd to me, but my Aunt suggested this. Because apparently if you change names, then when you get divorced you have no record as far as credit. But if you keep your last name (at least hyphenate it), then there will be some sort of record our there for your maiden name. My Aunt waited until she was about 40 to marry my Uncle, so I doubt she was considering divorce - but she did it just to be safe, which is what I plan on doing.

I never thought of that Jamie! Come to think of it though when my parents divorced after 23 years together my mom had to start from ZERO. She went back to her maiden name which she last had when she was like 20 years old & had nothing in HER name only. SO that's a great point you (and your aunt) have brought up. I think this officially helps me on what I'm doing as far as my last name.
Thanks for sharing the info....

[boscobel]

Hmmm, never thought of this. Interesting topic...

 

Er - we are doing a post-nuptual too. We've been supposed to do it SO many times already!

[saraece]

I agree about the credit thing. My mom and father seperated and even though she was the main source of income for many years once she wasn't part of a duo the bank wouldn't recognize her, because she has no credit history as a single.

[FoxyBride]

Different states in the US have different laws regarding divorce too. For expample, if you are married in California everything is divided 50/50 when you divorce unless there is a pre-nup. It's a good idea to check into divorce laws even if you aren't married in a foreign country.

[Duchess]

Quote:

Originally Posted by ErinB I am looking into a post-nuptial agreement because I own my own business and if our relationship were to disolve, I wouldn't want to have to sell to divide assets, that type of thing.

Same here. I assume it is the same as a prenup, but I was so busy I just didnt do it. I really have to. I bought my house with all of my money before we met, and my parents have my sis and I as beneficiaries on some stuff. I just dont want the debate at any point. We always say I would never go after your money, but I suppose if 10 years down the line someone said to me, I've been cheating and I'm leaving you, who knows if I would be so kind!!!

[luvtoteachlaw]

Quote:

Originally Posted by ErinB From what I found, jurisdiction usually is an issue of residence or citizenship. So, for example, even though we were married in JA we would divorce here. But, if my husband was Jamaican we would have to divorce there. Or, if we bought a house on the beach in Jamaica and moved there, we would have to be divorced there.

This is correct in terms of the United States at least. In order for a particular court to have jurisdiction, you usually have to be a resident of that state for a certain period of time. In PA, it is 6 months.

Whether a pre-nup or post-nup is necessary is also based on the law of your state. For example, in PA, anything owned prior to the marriage by one spouse is the exclusive property of that spouse if the parties were to divorce. If pre-marital property increases in value during the marriage, the the other spouse might have some claim to the increase in value, but that is it. It really just depends on the property that you bring into the marriage.

In the U.S. now, the big jurisdiction problem surrounds gay marriage. If you are legally married to a same sex partner in Massachusetts, for example, and then you move to PA, which does not recognize gay marriage, you would not be able to get divorced in PA - you would need to return to MA or some other state that recognizes gay marriage.