QUESTION
Can I move my divorce from one state to another without dismissing the original filing?
Asked on Jun 26th, 2015 on Divorce - Oregon
More details to this question:
I filed for divorce four years ago while my wife and I were living in state A. Soon after I moved to state B to get a fresh start. Shortly after I filed I found out that she sold off the bulk of our shared property. 2 years later we reached a custody agreement and our 3 kids came to state B to live with me. However, she is still fighting the divorce. I want to move the jurisdiction from state A to B but don't want to lose my legal protection regarding her selling our shared possessions.I don't want any money from her, so to speak, but I think she should have to take a bigger portion of our shared debt to make up for the cash she made off selling our shared property. Is there any way to move this case to state B without dismissing the original filing?
1 ANSWER
The answer to your question is, That depends. Assuming normal jurisdictional rules like you would find in Oregon or California, you might be able to shift the overall jurisdiction from state A to state B, especially if you and the children have lived in state B for some time (in Oregon, that would be six months or more). On another point, when you reached a custody agreement, was that agreement entered as a custody judgment in State A or B? Also, has your wife moved to State B and been there for more than six months? I suggest that you consult a local domestic relations attorney in your current state of residence to get some real answers to these questions.
Answered on Jun 30th, 2015 at 1:09 PM