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  #1  
Old 09-21-2009, 10:42 AM
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Job transfer before filing for legal seperation


What is the name of your state (only U.S. law)? Pennsylvania

My question: is it possible for me to relocate do a different State before filing for legal seperation?
  #2  
Old 09-21-2009, 10:45 AM
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Quote:
Originally Posted by kleamer View Post
What is the name of your state (only U.S. law)? Pennsylvania

My question: is it possible for me to relocate do a different State before filing for legal seperation?
Sure, what state are you relocating to?
  #3  
Old 09-21-2009, 10:46 AM
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Quote:
Originally Posted by kleamer View Post
What is the name of your state (only U.S. law)? Pennsylvania

My question: is it possible for me to relocate do a different State before filing for legal seperation?
are there any children involved?
  #4  
Old 09-21-2009, 10:48 AM
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Originally Posted by Bali Hai View Post
Sure, what state are you relocating to?
Transferring to Colorado
  #5  
Old 09-21-2009, 10:49 AM
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Originally Posted by IsabellaSoriano View Post
are there any children involved?
No, no children involved. My kids are both grown and out on there own.
  #6  
Old 09-21-2009, 11:01 AM
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Originally Posted by kleamer View Post
No, no children involved. My kids are both grown and out on there own.
Then you're free to move wherever you want - even if you remained married.

You really need to sit down with an attorney to figure out the best plan. As a very simple example, you want to file for legal separation - but there IS no legal separation in PA.
[url=http://www.munley.com/faq_divorce_separation.html]Pennsylvania Divorce Separation: Lawyers, Property, Settlement, Annulments, Children, Abuse, PA Attorneys[/url]

Once you establish residency in CO, then you could apply for legal separation there.

There may be some issues with how the property is divided as your stbx could argue that you abandoned him/her and he/she should get a larger share of the property division (if he/she files for divorce in PA after you leave) since PA is an equitable distribution state.
  #7  
Old 09-21-2009, 01:43 PM
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CO may not be able to order property division, either.

If OP's STBX does not have any contacts of their own with CO, unless STBX consents to CO jurisdiction over any property division (either directly or indirectly, i.e. accepting it via response), any orders a CO court issues would be void at the outset.

So PA may be the only state that can perform full property distribution. Whatever state is the residence of the supporting spouse (in addition to PA) would be able to order spousal support, if warranted.
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