Legal Question in Family Law in California

Mid Marital Agreement

I currently live in Florida. My husband was caught having an affair with a co-worker. He wants to move me and the kids to California to start a new life. My family is still in Florida and in case of a divorce I would want to move back to be with my family. If I move to California am I stuck there in the case of a divorce? He is willing to sign an agreement now and have it recorded stating he will not make me stay in California if I ever catch him being un-faithful again. I guess it would be like a pre-marital agreement. Any advice?


Asked on 1/16/04, 4:10 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mid Marital Agreement

You would have the right to move without the agreement. However, after you resided in California for 6 monthis it would become the home state for any custody and visitation issues. You may wish to have him agree that in the case of a separation that Florida would be the home state for custody and visitation issues. Whether this would be effective is difficult to say. I have never read any cases or seen any such agreements. Good Luck

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Answered on 1/24/04, 1:35 am


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