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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42860
Experience:  30 years as a family law lawyer .
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My daughter's husband wants a divorce in Wyoming. Shr wsnts

Customer Question

My daughter's husband wants a divorce in Wyoming. Shr wsnts to move back to California with their children. Can she leave before the divorce? Can she file for the divorce from California?
JA: Is there a child custody order? Are there any conditions regarding traveling or moving out of state?
Customer: No, she has an attorney but had not filed anything yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Her biggest worry is that she won't be able to move home with the kids.
Submitted: 2 months ago.
Category: Family Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

She should move now and file from California.The ex might file in Wyoming but she will already be in California and its less likely a judge would order her to relocate back.She is better off moving today.There re no custody orders yet she is free to move.That might not be true tomorrow.She will have to establish residency in California to file there.

To file for divorce in California, there are California divorce residency requirements. First, either you or your spouse must have lived in California for the last six months, and second, you must have lived a minimum of three months in the county where you plan to file the divorce.

Residency and California Divorce | California Divorce Guide

I would move quickly as soon as she can with the kids and hope he doesn't file for awhile.She can always tell him she is going there to rethink the marriage or something vague or just don't tell him.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 2 months ago.

California lawyer for when she moves to file there

Contact the State Bar for Help

Customer: replied 2 months ago.
She is concerned because they have lived in Wyoming for more than 7 years (1 child was born there) that it affects the future custody agreement re the children. I've never heard of that before. It's a Little intimidating because he's a sheriff's deputy in Laramie so she needs to for her i's and cross her t's.
Expert:  RayAnswers replied 2 months ago.

If she wants to move she is better off moving first and filing in California.But she can file in Wyoming if she has too.There will be move away issues like she may have to pay transportation for the other parent for visitation.Overall its better to file where you want to live.