Delaying the Divorce clock

[xylene]

yes my friend said, she did notify her husband earlier in 2nd week of December that she has to travel out of the country for 6 months and has it notarized,

I didn't say notify, I said agree.

Notarized? That means nothing.

Your friend needs a lawyer.


She really really really needs to to be out of the country for an extremely long time. A week? Sure. 6 months? Totslly over the top.

 

[HighwayMan]

Your friend needs to take responsibility for this herself and you shouldn't be involved. She needs to get herself an attorney before she leaves, or at least sit on and consult with one or two.

 

[not2cleverRed]

Thanks for your replies, yes my friend said, she did notify her husband earlier in 2nd week of December that she has to travel out of the country for 6 months and has it notarized, she said, he did agree for her leaving for 6 months for arrangement with child custody. She is surprised by the sudden move of filing the divorce end of the year and getting her served on 12/31. Is that because of any tax reasons her STBX is doing this? Also what is the consequence and she avoids getting served and leaves the country. Thanks for your help.

The consequence is that if her husband uses alternative service (perfectly legal) while she is out of the country, and she does not respond, he can obtain a divorce by default, and in so doing getting pretty much whatever terms he asks for, since she won't be there to contest it.

If I were him, I would want the kid(s) to stay in the US because 6 months is rather disruptive of their education, and I would rather they have enforceable custody orders from the US before leaving the country. (Is the wife going to a Hague Convention country?) If Dad were here, I'd tell him to put forth some sort of emergency motion to keep the kids in the US. It's in the best interests of the children.

And, while the wife is out of US for 6 months, with the husband having primary care of the kid(s), he will have established himself as having status quo as custodial parent.