Legal Question in Family Law in California

If I file for divorce in California, may I move to Oklahoma before the divorce is final?


Asked on 2/03/12, 8:03 am

4 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Yes,assuming you have jurisdiction to file in California by residing in this state for 6 months and in the county where you file your divorce for 3 months.

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Answered on 2/03/12, 9:13 am
Michael Schneider Family Law Center

No, you may not move to Oklahoma if you have children subject to this court's jurisdiction, without the court's permission. On the other hand, if you don't have children, then, no problem with you moving. Good luck!

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Answered on 2/03/12, 9:29 am

Ms. Kock's and Mr. Schneider's answers are correct but I found them a little confusing. Simple version: 1. If you have no children, you can move any time any where, though you will most likely still have to complete the divorce in California. 2. If you have children, you cannot move without a court order, even after the divorce is completed.

Moving children almost always requires a court order of some kind once a divorce is filed. Also, if you move with kids before filing, you have to wait six months to file in the new state and up until then the other parent can file in California and have the children sent back.

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Answered on 2/03/12, 10:12 am


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