Can I move out of state after filing for divorce?
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Can I move out of state after filing for divorce?
Instead, you still have the right to go wherever you want you just need to be available to appear in court when required. If you move out of state before the divorce is filed or while the case is pending, you can still handle the case in a California court if your spouse continues to meet the residency requirements.
Can a father stop a mother from moving?
Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child’s best interests.
Can my wife force me to leave the house?
In the event of a family law separation, both parties are legally entitled to live in the family home. It does not matter whose name is on the ownership of the house. One party cannot force the other to leave, and a person is not required to leave the house just because the other wishes it.
What determines who gets the house in a divorce?
In most divorces, the marital home is a couple’s biggest asset. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it. It’s a lot more complicated when the family home is a marital asset.
Can I get my husband’s 401k in a divorce?
Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.