Legal Question in Family Law in Michigan
moving out of state before divorce is final
i am waiting for my husband to come home from prison to start our divorce but i'm moving out of state in a month...we have 2 boys and i need to know if i can go or do i have to wait.
1 Answer from Attorneys
Re: moving out of state before divorce is final
You need a court's permission to move your children more than 100 miles, regardless of whether you are filing for divorce or not. I would suggest filing for divorce immediately, and thus getting the approval you need to move your children. Depending on what county you reside in, it could be finalized in 4 months or less, as most courts waive the 6-month waiting period (unless it is Wayne County, because they are slow). However, the court may grant you permission to move the children now, depending on your reasons for moving (such as a better job, etc).
If you file for divorce now, and then move, you may have to return to Michigan to have the divorce finalized (or to attend any hearings if there are any disputes re: property division, support, visitation, etc), unless you have a lawyer handle it on your behalf, or you are 100% sure that your husband will not dispute anything.
Please contact me to handle your divorce and related matters.
Thank you.