Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced legal professional.
If you are based in California but you have property in other states, or you or your spouse are living out of state, or if you or your spouse wants to relocate, you could be facing what is known as a multi-state divorce. There are many different variations of this type of divorce. It has a lot in common with international divorce.
Issues You May Face in a Multi-State Divorce
Many people are unsure of the extent to which divorce laws differ from state to state. There are many differences in divorce law from state to state, but the main difference is whether you live in a community property state or whether you live in an equitable division state. California is one of 8 states that are community property states. These states divide your marital property 50/50. The rest of the states are equitable division states which means your property is divided equitably not equally. Equitable division states take into account the contribution to the marriage, marital conduct and other factors. If you have both been resident in California, the divorce can be dissolved under California law. Issues may arise with deciding on where to get a divorce if you have been separated for a time and one spouse has been living in a different state, especially if you have property in other states. The issues you may face in a multi-state divorce could include:
- How to decide whether to get a divorce in California. Part of your divorce negotiations could include agreeing where to get your divorce, if one spouse is resident outside the state.
- How to decide what to do about property outside California. If you have property outside California there may be different rules about tax and property transfer that you will need to be aware of. Even if the divorce is settled under California law, the decisions you make about property will have different financial impacts in different jurisdictions.
- What to do if a spouse wants to relocate and you have kids. If your spouse relocates and you have kids, you will have to write a multi-state parenting plan which is very different from a parenting plan when you live near your spouse. Multi-state parenting plans prioritize the best interests of the child and will need to take into account the child’s age, developmental level and educational level.
The Benefits of Remote Divorce Mediation for Multi-State Divorces
Comfort and Convenience
With remote divorce mediation you don’t have to be in the same room together to get a divorce. This is convenient for people who are relocating and who can’t be in the same location while they work out the details of their divorce. As well as convenience, remote divorce mediation can also increase the comfort levels of both parties. For many divorcing spouses, not being in the same room as your divorcing spouse decreases stress and promotes cooperation since it allows for the opportunity to take the mediation at your own pace from the comfort of your home.
Divorce Mediation Avoids Court Schedules
Remote divorce mediation has specific benefits for multi-state divorces because it can alleviate many of the stressors involved in the divorce and the decision-making process surrounding the divorce.
For example if you are deciding whether to get a divorce in California, you can remotely mediate your divorce and it can be filed in California even if one of you is living in a different state. To get a California divorce only one of you needs to meet the residency requirements. You can get started on remote divorce mediation even if one of you has already relocated.
Making Property Division Simpler
Remote divorce mediation helps you decide what to do about property outside of California. If you have property outside California you don’t necessarily have to live in California to decide your property division according to California rules. The problem arises when you are involved in an adversarial divorce process where two separate attorneys are arguing for different rules. Even after you have left divorce court, the divorce judgment must also be enforced in the other state. On the other hand if you come to an agreement cooperatively in divorce mediation, you both retain control over the decision-making process and you can both uphold the agreement.
Why Divorce Mediation?
Multi-state divorce raises a number of issues which can be resolved conveniently with remote divorce mediation. At Boileau Conflict Solutions, we are compassionate, highly experienced West Coast divorce mediators with high level financial, legal and psychological expertise who bring an advanced toolkit to working out even the most complex divorces. Whether you have property in multiple states that needs appraisal, or whether you have children together and want to relocate, we bring a sensitive, informed and goal-oriented approach to your divorce. We often work with divorcing spouses with international ties or those who are digital nomads working remotely and living in different states and countries. Even if your divorce has caused significant upheaval in your life, such as relocating to a different state, remote divorce mediation is an efficient and cost effective way to resolve complex financial issues and parenting issues. Please contact us to learn more about our multi-state remote divorce mediation services.
