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  1. #1
    Join Date
    Sep 2016
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    Default How to Move a Divorce Case to a Different State

    A couple in Florida started a divorce, filed by the husband. Three months into the divorce the wife was granted permission to relocate to Illinois with their children. Now, eight months into the divorce, the husband is also moving to Illinois. The wife wants to transfer the divorce case to Illinois, but the lawyers say that the divorce case cannot be dismissed unless her husband agrees, and so far he will not. Can she get the case dismissed?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Move a Divorce Case to a Different State

    The lawyers are correct that the Florida court has jurisdiction by virtue of the parties' living in Florida at the time the case was filed, and appearing and participating in proceedings. Also, the case could not be transferred -- it would be necessary to start over.

    It may be faster and cheaper to simply finish the case in Florida, then domesticate the custody and support order in Illinois. That's a discussion the wife should have with her divorce lawyer.

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