What to do if my wife filed for divorce and has now moved out of state with our children with no notice to me?

Can I file a motion to make court dismiss case because she no longer lives in the state? She will not let me see children. Can I make her come back?

Asked on July 9, 2012 under Family Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since your spouse filed a marital dissolution petition, served you with the summons and the petition and has moved out of state with your children, you need to consult with a family law attorney as to what your options are and the best way to proceed.

You cannot make the court dismiss the petition because your spouse no longer resides in the county and state where the proceedings were initiated. You cannot make your spouse return to your state. As to visitation and custodial issues concerning your children, let the family law attorney that you should see give you assorted options. The one benefit that you have is that your spouse will more or less have to return to your state of residence to pursue the dissolution action that she filed assuming she wishes to pursue it.

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