Your legal questions answered by the experts of Carter & Valle Law Firm.
Question submitted 10/23/2010:
My sister who lives in Indiana wants to divorce her husband who lives in North Carolina (they have been separated, informally, for a couple of years). They were married in Las Cruces, NM. In which state do the divorce laws apply? I am concerned that when my mom (who lives here in NM) dies that her husband may try to get part of her inheritance from my sister. Is she protected or should she get a divorce ASAP?
Answer from Elizabeth V. Han of Carter & Valle Law Firm:
The person filing for divorce file in the state they have been living for the prior six months. If your sister has lived in South Carolina for the last six months she should file there.
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