Divorce with property in multiple states


#1

Hello,

I got married 2.5 years ago and was immidietly sent overseas unaccompanied. Three months later my new wife bought a house in Virginia in her name (loan ,deed, everything). I sent her $500/mo which was half of the $940 mortgage payment every month. She also had a roomate that paid $550/mo the whole time I was gone. 2.5-3 months after purchasing the home, she was laid off and started collecting unemployment (which just ran out last month- she hasnt worked in a year). I left almost 2 weeks after we were married for 2 years. We arrived in NC in August last year and purchased a home in September. The loan is in my name, but since NC is a marital state, she is on the deed ( i believe). We are looking at getting a divorce and she will be vindictive I imagine. Also, I bought a used car a month before I came home that cost $9000. I sent her $4000 and she financed the other so my car is in her name. I also bought two fire arms while overseas a hand gun and a rifle, which I sent her the money for and she bought so that she could pick them up. we also have no kids.

I Guess my questions are:

  1. does it matter who files for dicvorse?
  2. will one state’s property laws govern both properties or their respective state?
  3. Which state would be better for me to file in?
  4. Can she take my car and weapons?
  5. Do i have to worry about alimony?

I am not looking to take anything she owns or any part of it. I just want to keep what is rightfully mine. I would like to reconcile but with her alcohol issues I don’t think this will be possible.


#2
  1. does it matter who files for divorce? - No.
  2. will one state’s property laws govern both properties or their respective state? - The laws of the state where you file will govern the division of assets.
  3. Which state would be better for me to file in? - We are not licensed to practice in Virginia, and I am not familiar with their property laws so I cannot answer that question.
  4. Can she take my car and weapons? - Everything acquired during the marriage is marital property in NC.
  5. Do i have to worry about alimony? - Yes, you may have some exposure to alimony.