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Can I file for divorce in Michigan and move to Florida if we have a child together?

I have a son with my spouse and a daughter from someone else who does not see her or is involved. I live in Michigan with my husband, our son and my daughter. My daughter and I do not have any family here. My husbands family is not involved with our children. My husband wants to put our son in daycare now that I have to go back to work due to the divorce. We have not yet filed. My mom has offered to babysit for free in Florida if I were to move there. My daughter and I desperately want to move to Florida. My son is very close with her too. Florida's law state that in order to file for divorce there, you have to be a resident of 6 months which I am not. Any advice on what I should do? If my husband files here, am I stuck here?

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Attorney answers (1)

Reputation Level 6
If you file for divorce in Michigan, you can request a change of domicile (to Florida) before entry of the Judgment. If the Court does not grant a change of domicile, the Judgment would prohibit the minor child from moving to the State of Michigan (or 100 miles from his/her current location) without the consent of the parties or permission from the court. You may also consider talking to a lawyer in Florida, establish Jurisdiction over the children there, then file for divorce in Florida.

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