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Moving out of state

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Yazman

Junior Member
Michigan

I currently live in Michigan and about to start the process of divorce. I have the opportunity to tranfer to Florida. My question is since I have children with my spouse, do I have to stay in the state of Michigan for the divorce to go through or can my attorney handle court appointments, Friend of the Court, etc., while I'm in Florida?

Thanks in advance for any help.
 


mistoffolees

Senior Member
Michigan

I currently live in Michigan and about to start the process of divorce. I have the opportunity to tranfer to Florida. My question is since I have children with my spouse, do I have to stay in the state of Michigan for the divorce to go through or can my attorney handle court appointments, Friend of the Court, etc., while I'm in Florida?

Thanks in advance for any help.
You are free to move, although you will need a local attorney. You might have to come back once or twice (such as if mediation is needed), though.

However, the children are likely to be an issue. If you're planning to give your stbx physical custody when you leave, it won't be a problem.

If you want to keep the kids with you, you're likely to have an issue. You are free to move, but your stbx could ask the court for an injunction forcing the children to come back to Michigan until things are settled. If stbx is in agreement with you taking the kids, I would suggest that you get their agreement in writing and when you file for divorce, ask the court for temporary orders giving you custody and provide the signed document. There's no guarantee that stbx won't change their mind before the temporary hearing, but it becomes more reasonable for you to take the kids if they agree.
 

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