Moving out of state Singleguy916: Is it possible to move out of the state of California before the divorce is finalized and not be penalized?
Re: Moving out of state tara: Do you have children?
Re: Moving out of state Singleguy916: Yes, we have a daughter but she is living with her mom.
Re: Moving out of state tara: [quote author=Singleguy916 link=topic=35072.msg369987#msg369987 date=1159137863">
Yes, we have a daughter but she is living with her mom.
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I'm going to assume that you and your ex aren't agreeing on a settlement (because in most states, the judge will take an agreed-on settlement at face value, and won't impose "penalties" for conduct). I'll also assume your ex isn't giving you her blessing about your impending move.
Be careful about moving, if you want any sort of legal custody (i.e. the right to have a say in your daughter's education, health care, religion and other important factors in her upbringing). If you go too far away, or go too long without seeing your daughter, it becomes easier for Mom to convince the court to award her full legal custody. (You'll still have rights to your daughter, as well as visitation -- and keep in mind what I say is NOT legal advice and shouldn't be taken as such -- but it could get sketchy.)
I suppose, if CA is a fault state (don't know if it is or not), your ex might be better able to prove abandonment. I don't know, though -- I know some states have standard "parties are free to live as though single" clauses in their initial divorce papers. If you've got that, you're probably off the hook (as you would be in a no-fault state), property-wise.
Please do yourself a favor and lawyer up, even if it's just for an hour to get your questions answered.
