leaving state before divorce?

So long as there is no court order in place, I'm pretty sure that she can leave at any time with the children as long as she informs him that she's leaving. A good time to inform him is when everyone is in the car and ready to go. She will also have to understand that when she makes it to Michigan and she's not around the children and he shows up, then he has the right to take the children with him until there is a court order.

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After your marriage breaks up, your wife may leave the state before you can finalize a divorce. She may want to return to the state her family lives in, take a job elsewhere or just hope that by leaving she can avoid the painful process of dividing your marital assets. However, you can still get a divorce if your wife has left the state, even if you don't know where she is

She is in a good place. She needs to pack up and get out of Alabama before someone does file for divorce. There is nothing stopping her now, but if he files and she has to keep the kids within a certain amout of distance from him, she may be stuck in Alabama for a very long time. Tell her to make sure they have a good home and all the things needed to take good care of the kids when she goes home.

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leaving state before divorce?

I'm asking this question on behalf of a friend who is separated from her husband. Both currently reside in Alabama, he with his parents, she with a roommate and the children. She wishes to return to her 'home' state of Michigan, along with her children(and not the roommate of...

She is kinda defeating the purpose if she still has to give him an address. If she is basically fleeing from him,this asshole will come to where she is.

Her best bet is to file an order of protection if she feels unsafe. This will back her on going back home, and he will not be able to contact her physically.

She needs to play these cards real smart though because she has to have a plan of vacancy, so he cannot try to stop her and cause harm to her or her children.

Good Luck and Good rittance

she cant take the kids and deprive them of their father, she has to ask a courts permission first. I know her intentions are good but she has to be careful because the courts could see it as her attempt to keep the kids away and she MAY also (if she moves) have to pay for them to see their father because she moved them out of state.

Its not like Alabama and Michigan are next door state its flight every time!

i have to agree with catman, leave now before there is a court order to stop her. another good point is that he can show up at any time and take the kids. but before i did anything i would check with a lawyer in my state first.

I cannot speak for Alabama, but I live in Ca and I am going through a divorce as well. My divorce is due to domestic violence, and many other issues within the marriage. My lawyer told me that I cannot leave the state because once the divorce was filed, in Ca., they say there is an automatic restraining order for the party with custody to prohibit moving out of state with the children. I have full custody of all my children and their father has not seen them in about 2 yrs...he is also restrained from the children for child abuse...however, because there is a pending divorce, I have to stay put until after the divorce proceedings. Eventually I want to move out of state, but I have to wait until after the divorce.

Your friend can get an order to leave state before or after the divorce is filed, but he can file court papers on her if she leaves the state. He can try to stop her from moving through court process, and believe me, if she moves out of state, he'll file for divorce, then she'll be dragged all over trying to get through the court process...it will be hell for her. then he'll drag her back for child visitation, and so forth. I have spent thousands of dollars keeping my children and I safe from their father. I even had to do a change of venue because when I left him I drove 8 hrs away, and he tried to drag me into the courts in our old county. I won and got a change of venue in which now we have to fight in court in the county of which the children and I now reside, so he has to travel here when we have court. Eventually he'll get tired of asking his MAMA for money to see me in court, but for now he is using the court system to screw with me. it has nothing to do with him wanting to see the kids, because if he loved the kids, he would of been a father to them all along instead of beating on them while I was at work supporitng us financially.

What she can do is get a court order to move, but she has to show that it's in the best interest of the children, such as schooling, family support, job transfer, etc...

tell her if she wants to move to plan it out such as looking into where the kids will go to school, who will help her financially, job security, counseling for kids, if needed...make sure she knows that anywhere you live, if you want to move out of state in a situation like this, it has to be in the BEST INTEREST of those children. She needs to know that if she goes to court or moves because of her own reasons, such as it being her home state, it won't fly in court.

Hope this helps!