Can I move out of state before my divorce is final?

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Can I move out of state before my divorce is final?

I’m filing for divorce but he will not leave the house, so I will leave and move south. Is it legal for me to leave? There are no children. Staying together here is unhealthy for me; it’s an angry situation.

Asked on June 12, 2011 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

I read your question with bated breath, s they say, waiting to see the full details of the situation.  Many attorneys will tell you NOT to leave the house for strategic reasons.  And you really should consult with an attorney prior to leaving.  There may be a way for you to bring an motion in court to have him leave the house and for a restraining order.  But if you are intent on going then other than losing the upper hand and being accused of abandonment (which you can try and rebut with the facts of the situation such as verbal abuse), you can go.  But I really would speak with an attorney.  Good luck.


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