Q: divorce foreign spouse
I lived in USA and my wife in CANADA never been in USA, to this year I just my tax married filing separately (foreign spouse, SSN:NA), if I do the year of 2016 Married filing jointly (apply for TIN number), does it affect my divorce regarding sharing my assets in USA?
A: Tax filing status does not normally impact divisions from the marital estate. If you have a common law marriage, the filing status could be a factor in establishing a common law marriage.
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A: How you file your taxes would not affect property rights for either spouse under Colorado law. A question is raised as to which country would have jurisdiction for purposes of dividing property or other financial issues in a divorce. If you all lived together in Canada and you came back to US, there is an argument Colorado would have no personal jurisdiction over her to deal with financial issues, though Colorado could certainly grant you a divorce.
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