Wanting a divorce while on probation

[PittiMama]

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

Friend of mine is currently on probation for 5 years. He is in a miserable marriage and wants a divorce but is unsure of the process while on probation. His probation rules state he cannot move from his current residence until he has completed 18 months of his probation violation free which will be May 2014. He is also concerned that his wife will attempt to get him in trouble with the law and cause a probation violation just out of spite. So my two questions were in the event of the divorce and he lost his current residence would he then be able to move and is there any laws that would protect him during the divorce process in the event his wife attempted to cause issues to purposely get him in trouble?

 

[single317dad]

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

Friend of mine is currently on probation for 5 years. He is in a miserable marriage and wants a divorce but is unsure of the process while on probation. His probation rules state he cannot move from his current residence until he has completed 18 months of his probation violation free which will be May 2014. He is also concerned that his wife will attempt to get him in trouble with the law and cause a probation violation just out of spite. So my two questions were in the event of the divorce and he lost his current residence would he then be able to move and is there any laws that would protect him during the divorce process in the event his wife attempted to cause issues to purposely get him in trouble?

Probation will usually approve a move, as long as he doesn't go somewhere that will cause him to violate (crack house, apartment above a bar, cohabiting with a parolee, near a school, etc., depending on the reason for probation). If POs opposed every move a parolee or probationer proposed, they wouldn't get anything else done.

If he has legitimate concerns about the stbx, he may be wise to move first, then file for divorce.

 

[BL]

Generally you would get permission for the move within the same county.

Depending on your rules of probation ,you may be allowed to move within that area/county where your PO is ,then notify the PO of your new residence.

To be sure ,ask your PO about it.

I agree move first then file .

 

[Bali Hai]

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

Friend of mine is currently on probation for 5 years. He is in a miserable marriage and wants a divorce but is unsure of the process while on probation. His probation rules state he cannot move from his current residence until he has completed 18 months of his probation violation free which will be May 2014. He is also concerned that his wife will attempt to get him in trouble with the law and cause a probation violation just out of spite. So my two questions were in the event of the divorce and he lost his current residence would he then be able to move and is there any laws that would protect him during the divorce process in the event his wife attempted to cause issues to purposely get him in trouble?

WHY would a wife cause trouble? It just doesn't make sense. I'm sure the court would agree.

 

[PittiMama]

Because she constantly accuses him of cheating even though all he does is go to work and come home to her. He is afraid if he files for divorce she will take that as admitting to cheating and want revenge essentially.

 

[Proserpina]

Because she constantly accuses him of cheating even though all he does is go to work and come home to her. He is afraid if he files for divorce she will take that as admitting to cheating and want revenge essentially.

(You might do well to ignore Bali - you can see his agenda 5 million miles away )

 

[Bali Hai]

(You might do well to ignore Bali - you can see his agenda 5 million miles away )

That's a long way. However, the courts agenda is 10 million miles in outer space. OP will do well NOT to ignore me.