I lived in Seattle with my husband. We separated 15 months ago and I moved to AZ with my parents and he moved to CT. I started the divorces ...

Question

I lived in Seattle with my husband. We separated 15 months ago and I moved to AZ with my parents and he moved to CT. I started the divorces process in AZ but he hasn't been served yet. I plan on moving to NJ in a few weeks with seven year old son. My question is. How will my planned move effect my divorce filling? Can my husband prevent me from moving to NJ being that I am requesting alimony and child supports.

Answer

Please refer to my AVVO response.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Katie or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

Answer

Just because you filed in Arizona does not mean you have to continue living in Arizona to finalize your divorce here. All you have to do is meet the definition of "domicile" when you file; that is, that you or your spouse has lived in Arizona for at least 90 days immediately preceding the filing. Of course, attending hearings and the like will be quite a bit more challenging with neither of you living here, but you both still have the right to reside wherever you want at this point in the process. That being said, where children are involved, location certainly can be an issue. If you are planning on taking the children with you to NJ and having them live there with you primarily, husband can object on both a temporary basis (pending the divorce) and a permanent basis (post-decree). Jurisdiction for child custody matters generally takes six months to attach, so if your divorce is still pending at that point, the AZ judge will probably say he or she no longer has the authority to determine child custody. It might be easier to transfer the entire case to NJ at this point. I can't see why father would object as you would be much closer to one another between CT and NJ vs. CT and AZ. If you stated in Arizona and got the court to issue child custody orders here, your only issue would be post-divorce if either of you moves farther than 100 miles away from your present home or outside the state of Arizona. Then certain notice requirements have to be made (60 days' advance written, mailed notice, etc.). Best of luck to you!