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choice of law & divorce strategy

Discussion in 'Divorce, Separation, Annulment' started by resipsa, Mar 30, 2002.

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  1. resipsa

    resipsa Law Topic Starter New Member

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    Married just under 3 yrs, no children of the marriage, wife in WA, I'm resident of AL. We've not lived as man/wife in WA but did live in AL for 1 year. She'll likely contest ppty division re an acct of about $2M I owned prior to marriage. I foolishly added her name to the account after 18 mo. of marriage. No agmt or discussions on that addition...just hoped she'd settle down and act more responsibly. Didn't work! Did not add any marital $ to acct or use the $ for anything but tax on profits w/in the acct. WA law would seem to treat the acct as separate ppty (I think) and AL permits equitable division based on length of marriage, reason for marriage ending, etc...seeming to edge into consideration of fault. She linked up w/prior boyfriend, I have letter and her solo vacations to that area, but no evidence of sex, she refused to take prescription meds for emtional problems, impulsivity, explosive anger and "blow-up" on weekly basis. I'm now paying her mo support and she'll not discuss terms of divorce. I offered $30K so she could get grad degree...no reply. (1) Does delay hurt me? I have some hope her impulsivity and attn span will make her want out enough to settle on these terms, (2) Is it preferrable to file in AL or WA? (3) Don't think WA has jurisdiction over me (the acct and ppty div), so if she files there-would that issue be left unresolved? Am thinking an AL atty will say "file here" and WA atty the same thing about doing it there. Where does one go for unbiased guidance?

    Trying to think it through...
     
  2. jon_

    jon_ New Member

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    Actually, you may want to have a consultation with each. If you are talking about such a large amount of money -- in the millions -- it would be ill advised not to invest money in a specialist in each area. You should ask each what they suggest and why. Don't settle for the short answer. Come to your own conclusion after you hear what they have to say or go back to them after you have had each consultation and ask questions.

    Bottom line is that your skepticism in attorneys is leading you to a potential conclusion for a problem that hasn't even come to light. I think that the attorneys, if through a decent reference, would likely be straight with you and if they feel that the case should be filed elsewhere, would probably love to give you a referral! See what happens.
     
    Last edited: Mar 30, 2002

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