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Can I move if my husband already lives in another state?

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stuck_here

Junior Member
What is the name of your state (only U.S. law)? Florida

My husband and I got married in FL and then moved to VA because he was stationed there. He started treating me and my daughter (from another relationship) very badly so I told him I wanted to get a divorce. I moved with my daughter and son (he is our son's father) back to our home state of FL. He just recently got out of the military and lives in CA with his girlfriend and her son. He plans on staying there and going to school/getting a job. I really want to move. I've been seeing someone for about a year now and they live out of state. There's really nothing holding me to FL. I am wondering if I can make the move legally without repercussion? We haven't started filing for divorce yet because he wanted to wait until we got our taxes. We were going to do a non contested divorce. Is it safe for me to move since he lives in CA? Should I move prior to filing or try to get our divorce finished first? Thank you.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

My husband and I got married in FL and then moved to VA because he was stationed there. He started treating me and my daughter (from another relationship) very badly so I told him I wanted to get a divorce. I moved with my daughter and son (he is our son's father) back to our home state of FL. He just recently got out of the military and lives in CA with his girlfriend and her son. He plans on staying there and going to school/getting a job. I really want to move. I've been seeing someone for about a year now and they live out of state. There's really nothing holding me to FL. I am wondering if I can make the move legally without repercussion? We haven't started filing for divorce yet because he wanted to wait until we got our taxes. We were going to do a non contested divorce. Is it safe for me to move since he lives in CA? Should I move prior to filing or try to get our divorce finished first? Thank you.
If you want to be the one to file for divorce, rather than him, then either you need to get it done in FL before you move, or plan to have to wait at least six months to do it in your new state. Yes, you can freely move. However, if you do decide to get the divorce before you leave FL, make sure that you include the fact that you are moving out of FL in your divorce paperwork.
 

stuck_here

Junior Member
Yeah I figured I'd have to wait until I establish residency, that is fine. I'm just making sure there isn't anything he can do to make me come back to FL. What if after I move he gets mad or decides he doesn't want to be with his girlfriend? Can he come back to FL and make a stink about me moving?
 

LdiJ

Senior Member
Yeah I figured I'd have to wait until I establish residency, that is fine. I'm just making sure there isn't anything he can do to make me come back to FL. What if after I move he gets mad or decides he doesn't want to be with his girlfriend? Can he come back to FL and make a stink about me moving?
I suppose that he could try, but obviously he hasn't lived in FL for quite some time, so his odds would be incredibly slim regarding being able to do it successfully. If you have been moved for more than six months when that happens, then he would have zero chance of success.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Florida

My husband and I got married in FL and then moved to VAbecause he was stationed there. He started treating me and my daughter (from another relationship) very badly so I told him I wanted to get a divorce. I moved with my daughter and son (he is our son's father) back to our home state of FL. He just recently got out of the military and lives in CA with his girlfriend and her son. He plans on staying there and going to school/getting a job. I really want to move. I've been seeing someone for about a year now and they live out of state. There's really nothing holding me to FL. I am wondering if I can make the move legally without repercussion? We haven't started filing for divorce yet because he wanted to wait until we got our taxes. We were going to do a non contested divorce. Is it safe for me to move since he lives in CA? Should I move prior to filing or try to get our divorce finished first? Thank you.
OP. Please CAREFULLY reread your 1st post to reconsider your move.
 

Ohiogal

Queen Bee
Blue...I don't get where you are coming from...so the OP probably won't either.
She is leaping from a marriage into moving in with a new love in another state with her children. I think that is from where Blue is coming. I think she is cautioning OP against putting all her eggs in her new love's basket.
 

stuck_here

Junior Member
Like I said we've been together for almost a year.. I didn't come here for relationship advice. I came here because I don't know anything about divorce and separation laws.
 

LdiJ

Senior Member
She is leaping from a marriage into moving in with a new love in another state with her children. I think that is from where Blue is coming. I think she is cautioning OP against putting all her eggs in her new love's basket.
I think that you are assuming that her split with her husband was recent. Its true that she did not give a timeline for events, but I think its clear that the split was not a recent one.
 

Ladyback1

Senior Member
personally, I have never understood why people don't get a divorce when they throw that word out there.
A very dear friend of mine (he is attorney, but this was two friends over coffee) counseled me "do not fire the shot, until you are ready to go through with it..."

It took me a couple of years to get to where I was ready (emotionally and financially) before I told Ex to get out, we where getting a divorce. None of the mamby-pamby separation, waiting around. Thank God, this state doesn't have a waiting period. Filed on 12/5 and divorce was final 12/21....
 

Ohiogal

Queen Bee
I think that you are assuming that her split with her husband was recent. Its true that she did not give a timeline for events, but I think its clear that the split was not a recent one.
And? That ain't the point. You asked what Blue meant. I answered with what I thought Blue meant. Quit throwing your attitude at me. I am not assuming anything. But good try.
 

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