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When and Where Should You File for Divorce

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  • 01-03-2006, 05:26 PM
    KK
    When and Where Should You File for Divorce
    My daughter and I have been living apart from my husband now since April 2005. I want a divorce but he doesn't. My main concern with not having filed at this point in time is that I would like to move out of state. AM I better off filing for divorce here or after I move? Any help would be greatly appreciated .thank you
  • 01-03-2006, 07:30 PM
    Mr. Knowitall
    Filing for Divorce
    That's something you really should decide after consulting a local lawyer.

    If you move and he files for divorce, you may have difficulty litigating custody across state lines. (If he doesn't file, you would normally have to wait six months to file in your new state of residence, such that the state would have jurisdiction over the child under the UCCJEA.) If you file in another state, property division issues can become complicated.
  • 01-04-2006, 10:16 AM
    KK
    We have no property at all and have never shared a bank account or anything. I'm not looking for money from him even if I am owed it. I just want him to leave me alone. The only thing that I've ever asked of him is to give me money for the support of our daughter and he tells me that it was my decision to leave so I need to figure it out. Not only am I frustrated at this point but so is my daughter. He sees her when he feels like it ,if it's convienant for him and she's really gotten to the point where she doesn't want to see him but I allow him to see her anyways. Unfortunately I've done just about all I can do to "figure it out " here . It's just too expensive and I miss my family. I'd really like to be closer to them and in an area where I could make a decent living. I feel like I've put our lives(my daughter and I) on hold for him long enough. Am I wrong for thinking this way? Is it possible that I could move and litigate this case from another state or do you think that will make matters worse?
  • 01-05-2006, 05:08 PM
    KK
    just wondering if you could lend me some advice on my recent posting
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