Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2006
    Posts
    3

    Question Wife Filed for Divorce then Left the State with the Kids Before Preliminary Hearing

    Wife sued husband for divorce in VA but when seh found out during a court-ordered mediation session that she can't move "home" to NY (been in VA for 2years, now) because "the Commonwealth likes to keep it's business in the Commonwealth," she changed her suit to one seeking sole custody.

    The preliminary hearing (for temporary custody) is set for Dec 4. However, after being told it was highly unlikely she'd be awarded sole custody (he's a great dad and has been paying more than what Guidelines recommend for child support and alimony since they parted ways), she put her house on the market. Called him from NY last night. She took the kids out of school and is now house-hunting w/them in NY. Said she had decided to drop the suit so she could move.

    Can she? What is his legal recourse? He's still waiting to hear back from his attorney (who is less than stellar; a whole 'nother subject).

  2. #2
    panther10758 Guest

    Default Re: She filed for divorce but left state w/kids before preliminary hearing

    If she drops her petion for Divorice he can petition. It simply a matter of him sueing her for Divorice rather than her him.

  3. #3
    Join Date
    Jul 2006
    Posts
    984

    Default Re: She filed for divorce but left state w/kids before preliminary hearing

    She will have to establish residency in NY before she can file for divorce or custody there, he can sue for both divorce and custody/visitaiton if she dropped it. She may be trying to get child support longer, until age 21 in NY.

  4. #4
    Join Date
    Nov 2006
    Posts
    3

    Default Re: She filed for divorce but left state w/kids before preliminary hearing

    Thanks very much for the feedback, both of you!

    The "child support 'til 21" could very well be an incentive, here. In looking online I understand that it takes 12 months to establish residency there. She couldn't claim residency through her mother, could she? Since she filed for divorce in VA only a few months ago, that's enough to keep her from using her mother's address, right?

    Another follow-up question: if she has dropped her petition and he files one of his own will she be required to bring the kids back to VA? They're both enrolled in middle schools there and it seems to me it'd be in their best interest to at least finish the school year there while the courts decide on custody, etc. Thoughts?

  5. #5
    Join Date
    Jul 2006
    Posts
    984

    Default Re: She filed for divorce but left state w/kids before preliminary hearing

    Quote Quoting fay_again
    View Post
    Thanks very much for the feedback, both of you!

    The "child support 'til 21" could very well be an incentive, here. In looking online I understand that it takes 12 months to establish residency there. She couldn't claim residency through her mother, could she? Since she filed for divorce in VA only a few months ago, that's enough to keep her from using her mother's address, right?

    Another follow-up question: if she has dropped her petition and he files one of his own will she be required to bring the kids back to VA? They're both enrolled in middle schools there and it seems to me it'd be in their best interest to at least finish the school year there while the courts decide on custody, etc. Thoughts?
    Once the children are residents for 6 months under UCCJEA that state will hold jurisdiction in most cases and she will be able to file for custody there
    especially if they were prior NY residents, much may still depend on the facts of the case.

  6. #6
    Join Date
    Nov 2006
    Posts
    3

    Default Re: She filed for divorce but left state w/kids before preliminary hearing

    Okay, it's becoming pretty clear that he should act before she hits him from NY. Am I wrong in thinking that, when he files for divorce/custody, he can do it through a different attorney than he's using right now?

    His current attorney has hit him a few time w/her concerns that she be paid in-full (he has full legal coverage through his employer); turns out she's not happy with the rate the plan pays her and is hoping to collect the balance directly from her client! While she was worrying about her pay, he was gathering his response to the Discovery request. Two weeks after he meets the deadline (with over 2000 pages of bills, account records, etc.) he discovers that his wife's attorney is going for "contempt of court" because *his* attorney's office had failed to respond to the Discovery request. They "misplaced" those 2000 pages he so diligently prepared! (sorry. guess i vented a bit, there) But, this is a totally separate deal, right? He can use a different attorney to sue?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: She filed for divorce but left state w/kids before preliminary hearing

    If her petition has not yet been dismissed, he should consult his lawyer about filing a counterclaim. Typically, if a proper counterclaim is filed, the action should continue even if she dismisses the original claim and he won't have to pay a new filing fee. He can change lawyers if he wishes.

    1. Sponsored Links
       

Similar Threads

  1. Pretrial Procedure: How Quickly Does the State Have to Hold Your Preliminary Hearing
    By rlalex63 in forum Criminal Procedure
    Replies: 8
    Last Post: 11-27-2013, 06:31 AM
  2. Divorce: Divorce After Wife Left State
    By jeckelsfray in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 04-03-2012, 06:45 AM
  3. Divorce: Wife Filed for Divorce and then Left the State. Does She Need to Go to Court
    By Zeckrin in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-27-2011, 12:57 PM
  4. Divorce: Can I File for Divorce if My Wife and Kids Have Lived Out of State for Over 6 Months
    By nreynolds in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 06-28-2009, 08:48 AM
  5. Charges Filed Three Months After Arrest; Preliminary Hearing 117 Days Later
    By 12MANYQUESTIONS in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 10-08-2007, 11:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources