Legal Question in Family Law in New York

I was served papers for a divorce

I kicked my abusive alcholic husband out 3 years ago. We have 2 boys 13,14 who have lived with me. I want to move to Rhode Island 6 hours away to live close to my brother. I was served divorce papers 2 weeks ago. I cannot afford an attorney. Is it legal to move out of state? My brother offered us to live with him to save money for an attorney. I want to be near my family anyway for emotional support through this. Please help!


Asked on 4/23/07, 2:11 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: I was served papers for a divorce

There is nothing in being served with divorce papers that limits your ability to move. The papers simply mean that you're being sued for a divorce, and that you either must respond or have a default judgment taken against you.

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Answered on 4/23/07, 4:11 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: I was served papers for a divorce

It is not illegal to move out of state. HOwever, since custody has not been determined, if you move and he makes an application to court to have you return the Court will probably grant the application. And then you will have to prove to the court that it is in the children's best interests to move and show that his visitation would not be substantially interfered with, among other things.

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Answered on 4/23/07, 5:09 pm


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