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I've filed for divorce and my spouse wants to reverse it because it prohibits her from moving out of state and taking our 2 children. Is there any way she can do this?

May 14, 2012, 08:25:00 AM
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I've filed for divorce and my spouse wants to reverse it because it prohibits her from moving out of state and taking our 2 children. Is there any way she can do this?

  1. Your ex cannot prevent you from obtaining a divorce unless you're in a 'fault' State and cannot prove fault. In a 'no fault' State you can dissolve the marriage whether your spouse agrees or not.

  2. Whether or not she can move out of State would depend in part on the terms of the Separation Agreement, which typically restrict the movement of the children until the divorce is finalized. If no Separation Agreement exists (or is in effect), either parent may move at will with the children, just as any parent would be able to.




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