There are a few factors that may make choosing your state a little… er, complicated:
Do you and your fiance live in different states?
Do you plan to move to another state soon?
Own two houses in different states?

You are free to choose whichever state you would like for your HelloPrenup prenup, but it is common practice and commonly accepted that you should choose the state in which you plan to reside as a married couple. Your choice of state (this is what we call choice of law) determines which state will determine enforcement of your prenup in the event of a divorce.

If you live in one state now, but may move to another state, you may want to consider the default divorce laws in each of those states to see which you are more comfortable with. In that case, you should contact a licensed attorney in your state.

Need an example?
Let’s say you live in California now, but you and your honey plan to move to either Florida or Massachusetts after you get married. Should your prenup be for California, Florida, or Massachusetts? Well, this is where ‘choice of law’ comes in. If you know, 100% that you are moving to Florida right away (because why would you live somewhere cold like Massachusetts?! 🤣) and you plan to live in Florida as a married couple forever and ever, the choice is easier- Florida seems like a logical choice. But, if you are not sure whether you will move, when you will move, or where you will move? You should contact a licensed attorney to talk about what laws in those states look like.

Want to do some investigating on your own first?
Good idea! Check out our state pages to read about prenups, spousal support and divorce in any state we serve.

Watch a video: Which State Should I Choose?

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