Q: Can a spouse legally relocate out of state with two minors of the same marriage before filing a petition for divorce?
Wife is wanting to file irreconcilable differences and has verbally indicated intent to move out of state with children once house is sold. But I don't agree with this so she may take kids and go prior to filing.
A:
I would suggest that you file first and ask the court to address custody, particularly this potential relocation issue, as soon as possible. For an uncontested divorce with children, you must wait at least 90 days after filing for divorce before your divorce can be finalized by a judge. However, there is a way to file the necessary paperwork and have a hearing on custody pending the final divorce decree without having to wait the 90 days to have an agreed parenting plan ordered by the court. Contact an attorney to discuss your options and best course of action.
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