Can I go back to my hometown in different state than the one in which I filed for a dissolution in?

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Can I go back to my hometown in different state than the one in which I filed for a dissolution in?

My husband and I are trying to get a divorce. It is an uncontested. Can I file the paperwork in MO (my legal state of residence) and then go back to my hometown while the paperwork is being reviewed?Will I have to return (if necessary) or does my husband have to file since he is staying in MO after the divorce?

Asked on September 7, 2011 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The technicalities of who and when are best discussed with an attorney in your area.  But the likelihood is that you are going to have to have to appear at some point in time for the court to grant the divorce.  I am assuming that when you say it is uncontested you have entered in to an agreement as to all assets, support and custody issues and that they have been resolved.  If there are children involved it is ore complicated as the court will protect their rights separately from your rights.  Now, as long as you have established residency before yo move then you can file.  Please seek help from an attorney on this matter, even on a consultation basis, as you do not wish to be caught having to re do anything.  Good luck.


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