Do I need to stay in my current state of residence while my divorce is in process?

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Do I need to stay in my current state of residence while my divorce is in process?

My husband left the family almost 4 years ago and I want to move bach home to another state. I have been paying our mortgage for the last 3 plus years with no help from him.

Asked on March 19, 2012 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not have minor children, then you could certainly move to a different state. That won't absolve you of any obligations under the mortgage--the fact that you want to move does not mean that you  don't have to pay the bank, for example--though if your husband should be paying the mortgage, this is something that you could address in a divorce, while dividing assets and debts.

If you have minor children, then consult with a family law attorney--you husband may have grounds to take legal action if you relocate his children elsewhere without consent. You want to address this issue upfront with a lawyer, to see what you can and cannot do.

Overall, you probably want to strongly consider divorce, if you've been apart four years and your husband is not contributing or paying things, like the mortgage, which he is supposed to. In a divorce, you may be able to get some of the marital assets free and clear, plus child support (if applicable) and possibly spousal support, too.


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