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How to handle this divorce situation?
Anonymous3 views5 answers
My wife and I are unfortuntately getting a divorce. We had agreed on living in the same state so as to be close to our kids. Recently she came up and told me she had decided to move out of state so that she can be close to her family. I told her we would need to discuss this further and see if it was possible and logical, considering the kids. She told me that she was making arrangements to leave regardless of what I thought or wanted. I thought she waas bluffing. However, she left her facebook open on the computer and I saw evidence - actual plans she is making to leave without my consent and even without my notice! Yes, she told her sister she is planning to leave without me knowing and then I can deal with that.
What is my best legal move to stop this from happening? Thank you.
You must IMMEDIATELY file for divorce. If you do, she cannot move more than 50 miles without your consent or a court order. There is no restriction to her move, legally, if she leaves before you file for divorce. The court may order the children to be returned, but it is a more difficult case than just filing the divorce and serving her before she leaves. You absolutely need an attorney to assist you right away.
Good luck,
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
A Florida court with jurisdiction over your marriage and your children can issue and injunction preventing her from removing your children from the jurisdiction. If they have already left, the court can order her to return with the children.
These types of motions are not typical in a DIY divorce. You need to retain an experienced family lawyer who can get your case filed quickly and file the appropriate motions to make sure you children remain here. You can find highly rated family lawyers using the "Find a Lawyer" tab on .
Please let us know if these answers are helpful by hitting the helpful button. Good luck.
I agree with Ms. de Lara. You need to file NOW. Most counties will automatically enter an order that prohibits her from relocating the children out of your area without your permission of a court order. She can go wherever she wants, but the kids have to stay.
If you have not filed for divorce yet, you should do so immediately. Osceola County has a Standing Order id divorce cases which prohibits relocation of children without a court order. Do yourself a favor. Hire a lawyer to help you.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory
Charles Daniel JamiesonDivorce / Separation LawyerWest Palm Beach, FLFL licensed ·
I agree with all the answers that you have received. Consult with an experienced attorney in your area and immediately file (like yesterday) a Petition for Dissolution of Marriage and expedite the service of said Petition on your Wife.
