305-358-2330After you file for divorce in Miami, it is normal for you to want to move away from your ex-spouse. In fact, you may even want to relocate to another county or state. However, the divorce process often takes several months and having children or shared assets can make the entire process extremely complicated.
Do you know what your options are? Are you legally allowed to move before the divorce is final? Are you legally allowed to take your children with you?
Laws Related to Leaving the State after Divorce in Miami if You Don’t Have Children
The family and divorce law issues you go through will be handled by the state and it is necessary for one state to maintain jurisdiction over both individuals before any decisions can be made. The jurisdiction is figured out by where a person lives. If you meet the residency requirements for the state that you’ve been living in and file for a divorce, the court in the state will have jurisdiction, but you have the ability to move when you please.
If you want to file for your divorce in a new place, you need to figure out what the residency requirements are. Some locations require that you live in a location for several months. You have to comply with these before you file for divorce.
Laws Related to Leaving the State During a Divorce in Miami if You Have Children
If you have started the process to file for divorce in Miami and you have children, you need to be careful. There is quite a bit of paperwork that must be filled out before moving out of the state. Any vacation or trips that last no more than 60 days are fine, but if you are planning on relocating for more than two months, you will have to get approval from the court.
The best way to relocate with kids is to establish a parenting plan that both parents sign. However, if your ex doesn’t agree to the move, hiring an attorney is the best course of action. In these situations, you will need to file a petition for relocation and then a decision will have to be issued by a judge. The process can be long and difficult so it is best to hire an attorney who understands the laws and what rights you have in the situation.
As you can see, there is quite a bit to consider if you are planning on filing for divorce and relocating. While the issue is not as complicated without children, it is still something you should hire an attorney to help with. More information about divorce in Miami can be found by contacting the attorneys at The Law Offices of Aliette H. Carolan, P.A. by calling 305-358-2330.
Additional Reading:
What are Florida’s Laws on Asset Division During a Divorce?
Can You Go to Jail for Not Paying Child Support?