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Moving out of state during divorce

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Trinkety

Junior Member
What is the name of your state? Florida

I have initiated the divorce proceedings. I am considering moving out of state. He is contesting, just fired his attorney, doesn't want to discuss anything, and on top of that I have an injunction against him. Yes I do have an attorney, but I won't get this answer until the morning... Can I move out of state and be represented while I'm elsewhere? Am I completely complicating my life by doing so?
Thanks

**There are no children**
 
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LdiJ

Senior Member
Trinkety said:
What is the name of your state? Florida

I have initiated the divorce proceedings. I am considering moving out of state. He is contesting, just fired his attorney, doesn't want to discuss anything, and on top of that I have an injunction against him. Yes I do have an attorney, but I won't get this answer until the morning... Can I move out of state and be represented while I'm elsewhere? Am I completely complicating my life by doing so?
Thanks

**There are no children**
If you are moving out of state and taking children with you (children that are also his children) then yes, you truly can complicate you life....and even risk your custody of the children. Although the fact that he fired his attorney means that its probably going to be more complicated for him than for you.

Give a little more background on the situation and you will probably get better advice.
 

Trinkety

Junior Member
moving- there are no children his or mine

The last I have heard is since he does not have representation, my attorney will not consider mediation but go straight to trial.
Is that a worst case scenario?
He wants to keep the house (in both names). He has no job history (I supported the household for the past 8 years). His credit is EXCELLENT, however no financial instituion will refinance the house. I have an inheritance that we acquired while we were married, and 75% of my 401K married, and a few cars, etc.
I want it to end. In the mean time, while I wait for another delay on his part, I am seriously thinking of moving out of state and letting my attorney deal with him.
My husband is very abusive - I just want to get away from him if I can.
 

Nocgirl

Member
Moving out of state is going to complicate things. If your husbands disputes it you might find yourself giving him custody.

you do not have to move out of state to get away from him. Your kids have right to a relationship with their father. You will still have to go back to the orig state for all hearings as they have jurisdiction there.
 

Nocgirl

Member
My bad, you said you had no children. With the exception of having to travel for court dates, moving may not be a big issue then.
 

LdiJ

Senior Member
Nocgirl said:
My bad, you said you had no children. With the exception of having to travel for court dates, moving may not be a big issue then.
I missed that too...sigh. If there are no children she is free to do whatever she likes. However, she will have to travel back and forth for hearings, and she will need to insist that the house be sold to protect her credit.

Her inheritance should be ok, that should be considered her separate property.

He is probably going to be entitled to 1/2 of the 401k that accrued during the marriage....as well as 1/2 of any other assets, and 1/2 of the equity in the home.

However, if she is sure that he can't refinance into his own name, then she should try to retain possession of the house so she controls it getting sold.
 

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