What to do if I filled for divorce 2 months ago but my former spouse has not yet signed the papers?

He has not helped that much with 3 of my children since we parted ways. I am not doing well financially and don’t have anybody to help with the debt I continue to accrue. I do have family in another state, if I was to pack my girls up and leave am I committing any crimes?

Asked on January 11, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 7 years ago | Contributor

If you filed for divorce, the automatic restraining orders on the second page of the summons prevent you from taking the children out of the state. 

I'm really confused about what you need him to sign--unless you have a marital settlement agreement drawn up.  You need to ask the court for child support and spousal support.  Please contact me and I will give you a free consultation over the phone.  Best of luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a court order in place concerning your dissolution prohibiting you from leaving where you are residing with your minor children and move to another state, then under the laws of all states in this country you are doing nothing improper from a criminal standpoint.

I suggest that you consult with a family law attorney for further assistance.


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