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Family Man
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I have been seperated from my husband for 2 years. we have

Customer Question

I have been seperated from my husband for 2 years. we have a 2 year old daughter. he has no job and has not contributed during the entire seperation but he has maintained his visitiation. i have found a better job in ca and i would like to move asap. i am also in the nat'l guard an i have found a unit to transfer there. is it legal for me to leave the state and then file for divore or would filing for divorce before i leave put me being stuck in ms
Submitted: 4 years ago.
Category: Family Law
Expert:  Family Man replied 4 years ago.

Good Afternoon,

 

You can leave the state and file for divorce, but you will have to establish residency, or MS divorce laws will apply. It is also a good idea to discuss this with your soon to be ex-husband. Let him know that you are moving and why, and explain that you will file for a divorce after you have established residency in your new state. If you were already divorced, you would need your ex husband's consent to move the child so far away, and if he would not offer consent, you would have to have a court hearing to accomplish this. So, I would recommend discussing it with your husband beforehand.

 

If you need further information, please let me know.

 

Thanks and good luck.

Customer: replied 4 years ago.
i have discussed it w/him. he is an acholic who lives with his mother and does not want me to leave the state. does it take 12 months to establish residency in CA? Does being a member of the national guard in that state some how change the time frame?
Expert:  Family Man replied 4 years ago.

In CA, there are different residency requirement for different things. For divorce, the following is needed:

 

A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

 

This does not mean you have to wait six months to get your paperwork ready, but it menas that you cannot file until you have been there for six months. Some states do change the residency requirement for guardsmen and women but I will have to do a little research to be sure.

Expert:  Family Man replied 4 years ago.
I have not been able to find any information about being able to estabish residency for divorce purposes quicker because you are a member of the national guard. However, after you get to CA, it would be worth talking to a local divorce attorney, and they may be able to help you with that question. I know that if you are in the National Guard, you usually become a resident quicker, but whether or not this would also apply in a divorce, I am not sure. I have not been able to locate any statute or case that discusses this specific issue.

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