Saint Petersburg, FL asked in Child Custody and Divorce for Florida

Q: Can i move states before filing a divorce when children are involved?

I married my spouse in July of 2017.. I am wanting to file divorce but I am interested in doing so AFTER i move to a different state (PA). My spouse is currently going through the immigration process and he said he is fine with me moving out of state with our two children. But i have heard that i could get in trouble if i leave the state with the kids and try to file a divorce after the move is this correct? I have also heard that if i move states i would have to wait 6 months of being in the new state to file?

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1 Lawyer Answer
Michael Ferrin
Michael Ferrin
  • Divorce Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You are allowed to move before you file for divorce even without your husband's consent but the issue will be that your husband can then file for divorce once you have moved and ask for the children to be returned. If your husband is in agreement for you to move out of state make sure to get it in writing as this will assist you if he tries to raise any issues once you move.

In addition, if you do move, the state that you move to would not get jurisdiction to address any of the issues until you have lived there for at least 6 months.

Rand Scott Lieber agrees with this answer

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