I was advised by an attorney that there won’t be a preliminary injunction violation if I leave the state prior to my husband filing for divorce. Is this true ?
If so, what law is it ?
There is no preliminary injunction until someone files, so it won’t affect anything that happens before then. That doesn’t mean there aren’t potential consequences. The preliminary injunction only prevents a spouse from taking minor children out of state, it will not prevent you from traveling after the divorce is filed. If you have minor children, leaving Arizona may complicate your case or prejudice your parenting time long term (if a relocation isn’t granted). You really should talk about these things directly with an attorney.
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First, do not post comments like this on a public forum. It could be used against you in court. A prerliminary injunction is a court order prohibiting you from doing certain things. If there were a preliminary injunction in place, you could not do the prohibited things. However, since you are both still married and there are no orders prohibiting such conduct, you cannot be held in contempt for breaching orders that aren't in place. That said, I implore you to speak directly with an attorney about your legal matter so that you can ask these questions in confidence.
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