If I am in a domestic abuse situation and want to file for a divorce, can I move or do I have to continue living in the same state?

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If I am in a domestic abuse situation and want to file for a divorce, can I move or do I have to continue living in the same state?

Asked on January 21, 2016 under Family Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, you may file for divorce if you relocate--the law does not force you to stay with your abuser. You perhaps put yourself somewhat financially at risk in the sense that you would not be there to monitor what happens with marital property or assets...but that's better than physical risk. Do what is right for your life, that's the most important thing--with a good attorney, everything else can be taken care of.


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