Couples who live in more than one place may be able to choose where to divorce and, perhaps significantly, change the outcome.

Divorce law is state-specific, meaning that the laws in each jurisdiction vary. Generally, you may be able to divorce where either party resides. For couples who reside parts of the year in different places, or where each party has a residence in different places, a party may be able to choose where to negotiate or file for divorce – ultimately choosing which state’s or country’s laws will apply.

This is particularly common in the DMV area, where many people live internationally or are bicoastal. If you are getting divorced and you and your spouse have multiple residences, it is important to first determine which location has jurisdiction over the issues, and if there is more than one place with jurisdiction, compare each jurisdiction’s laws to determine if one is more beneficial.

If there is more than one place with jurisdiction, consider consulting with a lawyer from each place to gather information, or setting up a virtual consultation with you and the lawyers at the same time. In your consultations, below are questions to consider in comparing each jurisdiction’s laws and court:

Is there jurisdiction?

First, make sure each place has jurisdiction over the issues to be determined. It is possible that a place may not have jurisdiction, or that a place only has jurisdiction over some of the issues and property.

What is each jurisdiction’s law on custody?

If you have minor children, ask what the custody laws are. Some states have presumptions about what custody arrangement is in a child’s best interest. For example, in Maryland there is no presumption that a specific custody arrangement is in a child’s best interest. However, in DC, there is a rebuttable presumption that joint custody is in a child’s best interest.

What is each jurisdiction’s law on child support?

Each state calculates child support differently and has different rules for how long child support is paid. You should try to figure out in which jurisdiction child support will be lower and higher, and for how long child support will be ordered to pay. For example, in Maryland, child support continues until the child is either 18 and graduates high school, or turns 19, whichever first occurs, but in DC child support may continue until the child is 21.

How will the court distribute property (assets)?

First, you want to understand what property will be distributed. Some states exclude certain property from being distributed. For example, in Maryland, the court only divides marital property; if you have non-marital property, you keep it and it is not subject to distribution in divorce. Similarly, generally, in DC, the court divides marital property and if you have separate property, you keep it and it is not subject to distribution in divorce. However, each jurisdiction defines non-marital property and separate property slightly differently.

Second, you want to know how the property will be distributed. In some jurisdictions, even if the court determines that there is marital property subject to distribution, the court has limited power and authority to transfer title to assets. In those cases, the court may value the assets as of a specific date and order a payment from one party to the other.

Third, you want to find out when the property will be valued. For example, courts may value property as of the date of separation, others as of the date of filing and others as of the date of divorce. This can make a big difference when considering that the court process can, in some jurisdictions, take a year or longer. It may also affect your decision on where and when to file.

How does the court handle debt?

Courts may address debt attached to collateralized by property and uncollateralized debts separately. For example, in Maryland, while the court can consider each party’s financial obligations and circumstances in determining the equitable distribution of property and alimony, the court does not allocate uncollateralized debt. However, in DC, the court can allocate marital debt.  

How does the court answer specific issues?

No two divorce cases are alike, and some may contain complex or specific issues. If your divorce has a specific or uncommon issue, then ask how the court may handle that specific issue.

How long is the divorce process?

Ask how long it will take from the time of filing to get divorced, and ask how that changes depending on if you and your spouse are able to settle or not.

Do you and your spouse need to agree on where to divorce?

You and your spouse do not have to agree on the jurisdiction. However, if you disagree, you may have a jurisdictional dispute, which can be time-consuming and costly. If more than one place has jurisdiction, then each jurisdiction has rules about which jurisdiction is proper. You should ask about what may happen in such circumstances.

Law Clerk Gwynn Mak contributed to this article.