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Is a Court More Likely to Allow Relocation if Parents are Divorced vs. Separated

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  • 03-01-2018, 11:55 AM
    Martin18
    Is a Court More Likely to Allow Relocation if Parents are Divorced vs. Separated
    My question involves a marriage in the state of: WA

    Hi, my husband has dragged his feet for the longest time over a divorce - I was trying to get his agreement but he is playing power games. In the meantime I am concerned about being liable for any new debts he takes on. I also want to move ahead now because I may need to relocate later this year. It doesn't really matter to me at this stage whether I am divorced or legally separated, and it turns out that there is no waiting period for separation in my county like there is with the 90 days for divorce. So I am very much ready to file for separation now, assuming that it gives me a faster result and that there will be no difference in the courts opinion regarding a potential future relocation (depending on whether I am separated or divorced). Can anyone tell me if that is a solid assumption? (Please note I'm not asking whether the court will allow me to relocate, that's a whole other story. Just whether being divorced or separated will make a difference.)

    Really appreciate it!
  • 03-01-2018, 01:49 PM
    Mr. Knowitall
    Re: Is a Court More Likely to Allow Relocation if Parents are Divorced vs. Separated
    You cannot assume that child custody issues will be addressed more quickly based upon your filling for separation vs. filing for divorce. For custody and relocation, the legal issues are the same.

    If you delay in filing a court case in the hope that your husband will suddenly become cooperative, you are likely to both be disappointed and to make it more difficult for yourself if you create a time crunch. If you want a divorce, file for divorce.
  • 03-01-2018, 06:31 PM
    Martin18
    Re: Is a Court More Likely to Allow Relocation if Parents are Divorced vs. Separated
    Thanks, Mr K! I know I can't assume that it will be quicker, and I understand the legal issues are the same. But there is a chance. I do feel that he will likely sign off once I file (there are actually no points of disagreement - based on what he has said - just for some reason he doesn't seem to want me to file). If I go for divorce, the 90-day wait could become an issue if I end up relocating.

    So, do you think that the courts would view relocation any differently depending on whether the parties are separated or divorced? It seems unlikely to me, but I'd like to be sure. Thanks!
  • 03-01-2018, 09:26 PM
    Mr. Knowitall
    Re: Is a Court More Likely to Allow Relocation if Parents are Divorced vs. Separated
    If a move-away is contested, the legal issues for the court are the same.
  • 03-03-2018, 11:58 PM
    Martin18
    Re: Is a Court More Likely to Allow Relocation if Parents are Divorced vs. Separated
    Thanks, appreciate the feedback.
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