Travel outside country after filing divorce

Bankruptcy and Debt 5 views 3 answers
At what stage of divorce, can i travel outside country and for how long? What address for communication should i give in papers, if i am traveling in waiting period ?

Attorney Answers

3
Lisa Ann BergFamily Law AttorneySolana Beach, CA ·
This answer assumes you have no children involved in this dissolution - You may travel outside the United States at anytime during the dissolution procedures, however, you must be reachable for purposes of your spouse serving you any documents they may need to serve upon you. You can enter into a stipulation with your spouse that all service of documents can/will be done via email. Further you can request that the Court grant you the ability to make Court appearances via telephone for almost all court proceedings - except for The Settlement Conference and Trial. If your case is not extremely complicated with many issues - there will most likely be very few court appearances required by you. In fact, you can obtain a divorce without ever having to appear in court if you and your spouse agree and stipulate to all of the terms of the divorce. If your case is complicated with many issues - you should seriously consider retaining an attorney - in which case the attorney can make almost ALL court appearances for you with your presence not being necessary. If there are children involved in your case and you want to travel outside the United States with them then all of this is MUCH MORE COMPLICATED - you really do need an attorney. Good Luck to You.
0 upvotes
Joseph Torri ·
There are a lot of facts that an attorney would need to know to better analyze your situation. Children should not leave the country unless the other party agrees or the court gives permission. You need to be available for service when you are traveling. You probably should use your residence address. Divorce cases can take a while so length can be a difficult question to answer, but you need to be available for the case. The other party can take action to move forward without you if you're not responding to any paperwork.
0 upvotes
Gregory Benton ·
Traveling is not a problem but residency is. By traveling do you mean taking trips to visit places and then returning to your residence here in CA? If this assumption is correct, you can do this any time and for any amount of time you wish as travel does not change residency. But if you mean change residency, then you must file first here in CA and then change residency after moving to continue the action in a CA court. As long as you are just traveling, the your address stays the same. If you are going to be gone for a long time in your travels, suggest you hire an attorney to help with your case and communicate with her/him while you travel.
0 upvotes

People Also Asked