How does where I live relate to my family law action? – In today’s society people tend to move more than ever before in history. With ever improving technology especially with regard to electronic communication, the internet and social media it makes things easy to stay in touch so it is usually not that big a deal. Where it can come in to play however are in some legal matters such as family law.
Where the parties live, how long they have lived there, and how long they intended to state are all relevant in a family law matter. This matters with regards to several different matters including child custody, child support, divorce, equitable distribution. In this blog we will elaborate on that a little and explain what we mean. Like all of our blogs however, this is intended to provide some general information only, and is not intended as a substitute for the advice and counsel of a family law attorney.
Where a parent lives in a relation to their kids
Often times people have children with someone that they no longer live with. In these cases, sometimes the two people don’t even live in the same state. How does that relate to Child Custody action? The answer depends on a few things including but not limited to:
- Has there been some sort of Child Custody action filed before or is this an initial action?
- Where does the Child live, how long has he or she lived there, and does that parent of that child intend to remain long term?
The answer to these questions and others will be the difference between whether a parent files a child custody action in one state or the other. For more about jurisdiction in family law matters, click here.
Where my ex-husband lives when I file an action for equitable distribution
Suppose a married couple got married oversees (we will call it a destination wedding) and they moved to North Carolina right after the wedding. As a matter of fact, the husband has lived in North Carolina for several years, but the wife moved from Florida so they could be together. Over the course of ten years many things happen in North Carolina including:
- The marital home is in North Carolina
- The husband owns several businesses in North Carolina
- They have all their personal property in North Carolina
Things go bad in their marriage and the end up separating and the wife moves back to Florida. After about a year and a half she decides to file for divorce and for equitable distribution. She wants to file in Florida because she has it in her mind that Florida divorce law would be more favorable to her.
In this example she would most likely need to file her equitable distribution action in North Carolina because North Carolina would have personal jurisdiction of her husband and the property in question.
This like many other family law topics, this something we can go on about for quite a while. Family law is very complicated and often requires the assistance of a professional. If you are in need of a family law attorney in Charlotte North Carolina or the surrounding areas, contact us.