If I filed for divorce but wantto move out of state with my family, can I before it’s finalized?
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If I filed for divorce but wantto move out of state with my family, can I before it’s finalized?
I filed for divorce a few weeks ago. My spouse is in prison in another state and he is going to be served with the papers by sheriff in the next few days. I am very limited on money and want to move to a third state with my family. Will I be able to do this without moving my case?
Asked on February 14, 2012 under Family Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are a few issues here you need to deal with here. First, yes it can be a problem for you if you file in one state and then move to another. You will have to travel back to the state in which you filed to deal with the divorce unless your spouse agrees to the divorce and everything can be done a little easier. If that is not the case then maybe you should move and file in the new state. Establishing residency may not take that long and in the end it may be less expensive. Also, I am assuming that you have no children. If you do you need to ask the court to grant you full custody and allow you to move. Try legal aid. Good luck.
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