CanI move if I get divorced?
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CanI move if I get divorced?
My husband and I have been married for 7 years and we have 3 kids. This marriage is very obviously not working. I am leaning towards divorce but he doesn’t want that. What rights will I have if I file? Will I be forced to stay residing in my current state?
Asked on February 16, 2012 under Family Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. It does not sound as if the divorce will be uncontested and go smoothly for you. The rights you have with regard to your children are equal unless one of you gives up those rights voluntarily or the court orders something else. Now, that matters because you can not take the kids out of state and away from your spouse with out his permission or a court order. That would be kidnapping. Please seek legal help as soon as you can. Good luck.
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