Q: When filing for divorce and planning to move out of state, where should one file?
Currently residing in AZ with spouse and 4 children. Moved to AZ from MI in 2017. I am planning to file for divorce but also planning to move back to MI with the 4 children. Should I wait and file in MI so that there are no issues leaving the state if I was to file in AZ?
A: The answer really depends on the anticipated issues in your divorce and your spouse's eagerness to file if you do not. Based on the incomplete information provided, if everything is amicable and your spouse is in no rush to file, you can wait but you and the children will need to live in Michigan for at least six months before it can assert jurisdiction over the custody issues in the divorce. For more a more detailed answer that can consider the particular issues in the case, you should take advantage of a free consultation with a divorce attorney.
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