Can I file for divorce then move out of state or could I get in trouble for taking our children out of state before it's final?

Asked 6 months ago - Weiner, AR

My husband and I have three children together and I want a divorce. He knows I want a divorce but only sometimes agrees to consent to mutual divorce terms. We also share a hinge and land together which I have agreed to let him have and he has agreed to let Me obtain full custody of our children. Visitation would be difficult due to the fact the children and I would be moving out of state. Does this mean I cannot leave state until the divorce is settled and if so how long would the process be before I'm able to legally leave if my husband chooses not to cooperate or sign the divorce papers?

Attorney answers (1)

  1. Scott Allen Scholl


    Contributor Level 18


    Lawyer agrees

    Answered . It is not "legal" or "illegal" per se to take your children out of state while a divorce is pending, BUT it is common for the Court to enter a standard restraining order in divorce cases involving children that prohibits removing the child/ren from the State of Arkansas without Court permission.

    If there is such an order, then you would may face contempt of court charges.

    I would suggest speaking with an attorney before you take any actions.

    This response is for information purposes only, it does not create any attorney-client relationship.... more

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