Legal Question in Family Law in West Virginia
two legally separated people living in different states
My mother and father were legally separated for over a year. They are staying married for mutually benefitial reasons (retirement,health insurance, investments). My mother wants to move to Florida to be with her new boyfriend. She believes that she will be forced to divorce my father if she moves. Is that true? If my father wants to stay married but leagally separated, does it matter where she lives? Her lawyer that drew up the Separation agreement has been unreachable and she is very upset. Any advice is appreciated.
1 Answer from Attorneys
Re: two legally separated people living in different states
Your mother will not be forced to divorce your father if she moves to Florida or anywhere else. As long as your parents wish to remain married, they can do so. If your father later decides he wants to divorce, he will have grounds for a divorce and your mother won't be able to prevent it. But as long as they both agree to remain married, your mother should go ahead and move and stop worrying.
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