If I want to move out of state with my daughter, when should I file for divorce?

UPDATED: Jan 13, 2013

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If I want to move out of state with my daughter, when should I file for divorce?

I have a daughter almost 2 years old. I want a divorce and want to move back to my home state with my daughter. Is it possible for my daughter and I to move back and then file for divorce or file quickly and then move back to and have him served? Or do I have to do all of it here before we move?

Asked on January 13, 2013 under Family Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absent a court order in place preventing you from taking your child to another state you can legally do so. The problem with moving to another state is that you will have to get residency in that state to file for a marital dissolution which ordinarily is six (6) months.

During this wait period your spouse could have already filed for a dissolution in the state you reside in presently. As such, I suggest that you consult with a family law attorney before you actually move out of state to give you some guidance as to how you should approach matters.

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