If moving out of state, where doI file for a divorce?

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If moving out of state, where doI file for a divorce?

I live in one state but have a job interview in another state in 3 weeks. If I get the job, where do I file for divorce? If I leave kids with dad to finish school, do I risk losing them as primary caregiver? He normally travels with his job. I wanted to wait until after Christmas for obvious reasons. My husband is verbally abusive; kids are 9,7 and 5.

Asked on November 21, 2011 under Family Law, Tennessee

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 9 years ago | Contributor

First thing you need to know is that there are residency requirements in most states that you must meet in order to file for divorce in that state.  For example, in Florida, there is a 6 month residency requirement that must be met before you can file for divorce.  Other states have different requirements, some up to 2 years.  Secondly, if you move to another state and meet the residency requirements, you may be able to get a divorce but the issues regarding your children, who gets the house and other assets would have to be determined by a Court in the jurisdiction in which the children and assets physically are.  So for example, you could potentially get a divorce from your husband in Georgia but have to come back to Florida to determine the rights to your assets and what happens with the children.  There are residency requirements for bringing an action regarding the children as well.  The "home state" of the children would be where the issue would have to be brought to Court.  So if you move to Georgia, and the children remain in Florida, you would have to come back to Florida to determine you and your husband's rights and obligations regarding the children.  Additionally, Florida has eliminated the term "primary custody" and has gone to what they call "shared parental time" with the children.  They have also instituted the requirement of a Parenting Plan being filed in all cases involving the issues about children of a marriage or relationship.  Florida also instituted a "Relocation" statute as it pertains to children in 2006.  Basically, you cannot move the children more than 50 miles from the other parent without their consent or an order from the Court.  If your husband normally travels with his job, meaning out-of-town for lengths of time, then you and he have a lot to work out.  Hopefully, this has helped you out with your questions. 


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