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Jurisdiction, Part 3 of D8 separation petition

  • etb
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4 years 6 months ago #476125 by etb
I live and work in the UK. I was married in the USA. My ex lives in the USA.

I have petitioned for a divorce here in the UK. I am wondering which choice to make for Part 3 in the D8 (Divorce/dissolution/judicial) separation petition .

There are five choices in part 3. I have eliminated options 2, 3, and 5.

I am not clear whether to pick option 1 and specify Other: petitioner is
domiciled in the UK or to pick option 4: "The court has jurisdiction other than under the Council Regulation on the basis that no court of a Contracting State..."

Can anyone here give me a steer on which of these alternatives I should choose?

Thanks in advance for your help.

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  • LittleMrMike
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4 years 6 months ago #476140 by LittleMrMike
Replied by LittleMrMike on topic Re:Jurisdiction, Part 3 of D8 separation petition
I''d choose the domicile ground. '' Domicile '' means, more or less, that it''s the country you call '' home ''. That assumes that you do regards England and Wales as '' home ''.

Of course, anyway you look at it, this creates complications because
you have problems with arranging hearings when the parties are 3000 miles or more apart. I honestly don''t know whether videoconferencing is possible.

But there is one piece of advice I will give you. There is no such thing as '' USA divorce law ''. The law on divorce varies from one state to another.

States are either '' community of property '' or '' equitable distribution ''

Where there is a choice of jurisdiction then it may be worth your while considering which of the two jurisdictions would produce the more favourable result ( from your point of view ).

LMM

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