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Moving Out of Florida During Divorce Proceedings

DivCouple

For one reason or another, it is common for individuals to need to move from state to state. A change in work or a desired change in scenery may be all that is needed to spur the decision. However, this situation can be further complicated if you are going through a divorce. Understanding your relocation limitations while divorce proceedings are unfolding is important. Should you move and relocate your children without the consent of your spouse and the court, the consequences could be severe. In order to be sure your actions do not negatively affect the outcome of your case, it is best to speak with an experienced family law attorney prior to making any move.

Moving With Children 

Traveling or moving with your children if you are in the middle of a divorce can be a tricky process. It is likely that a vacation will be approved by the court without a problem, however, a more permanent move will need to be accompanied by the proper paperwork and final approval by the court. In the event that both parents agree to the move and both parents are able to agree to the terms and conditions of a parenting plan, then the move will likely go without a hitch. However, if one of the parents does not approve the move, then a more serious dilemma arises. You will need to file a petition for relocation with the court. This petition should include the reason why you need to move and the details of a proposed parenting plan. Following the filing, the court and your spouse will review the petition and decision will be rendered. Typically, if the other parent does not respond within 20 days of the petition’s filing, the court can approve the petition without a hearing.

Moving Without Children 

If you want to move out of the state of Florida during a divorce and you do not have any children, the situation is far more simple. If you wish to move prior to filing for divorce, you will need to review the residency requirements for the state you wish to move to. Depending on where you wish to move, you will need to look at the residency requirements of the particular state. Certain states require that you reside continuously in a particular location for a period of time prior to filing for divorce.

Alternatively, if you wish to move after the divorce has been filed in Florida (and you do not have children), you should not run into a dilemma as long as you maintain open communication and attend all required meetings/hearings. Divorce proceedings are handled by one state regardless of where each of you lives, thus, if the divorce is filed in Florida, then this state will have jurisdiction over the proceedings and a Florida divorce judge will preside over your divorce. 

Contact Us for Help Today

Divorce can be an exceedingly trying time for all parties involved. During the process, you will likely run into various unexpected issues that you will need guidance to circumnavigate. At the Fort Lauderdale law offices of Attorney Sandra Bonfiglio we are here to assist you throughout your divorce, regardless of the dilemma that arises. If you are in need of assistance or have questions, please call 954-945-7591 for a free consultation.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

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