118 DIVorCe wItH DeCenCY
which will be more favorable to your specific situation. Many
clients will try to maneuver the filing/jurisdiction issue toward
a particularly favorable state.
Another issue arises if you live in one state but your spouse has
not been domiciled there. That may result in serious problems—
especially if your child is with your spouse, or if your property is
located out of state. In such cases, your home state court can grant
you a divorce, but it may not have the personal jurisdiction over
your spouse that is needed to make other orders that your spouse
will have to obey. Issues relating to alimony or division of prop-
erty may have to be resolved later in the state where your spouse
is domiciled or where the property is located. The disposition of
each case depends on its particular circumstances; jurisdictional
issues can become very complex if your spouse never lived in
your same state or has now moved away to another state.
International and intra-national jurisdictions and laws. Before I
depart from this crucial issue of jurisdiction, let me briefly men-
tion the crossover issues that may arise when international and
interstate divorce laws can come into play. Divorce laws can vary
wildly: from those in countries like the Philippines which still for-
bid it; to those in Islamic states where (for the husband, at least) a
divorce may be obtained in minutes. The rules on the division of
property and future financial obligations vary hugely, too. France
expects the poorer party (usually the wife) to start fending for her-
self almost immediately—touché. Conversely, England and some
American states insist on lifelong support. Community-property
states are often more inclined to award alimony. A few countries,
like Austria, still link cash to culpability, most commonly for adul-
tery. Some countries’ legal structures look only at the assets built/
acquired during the marriage; others count everything regardless
of when it was acquired. Some U.S. states (like Hawai‘i) divide
the during-marriage appreciation of either parties’ separately held
premarital and/or inherited assets... other states don’t.
Japan offers an appealing quick and inexpensive break, but
(for foreigners) little or no enforceable contact with the kids
thereafter. Meanwhile, other countries’ courts may be prone to
side with the mother when it comes to money... but then favor
the father on child custody. Different U.S. states will often order