I am getting ready to move to Montana (job reasons), I have been seperated from my wife for going on 6 years now. We have 3 children who all live with me and have for the 6 years. We have never leagally been divorced or seperated. My question is, when I move to Montana will I be able to get a divorce from her if she is still in Michigan?
She is not going to contest the divorce nor does she want the children with her. We have already agreed that the children will see her during the summer months.
Does anyone know anything about this?
Any help would be great.
Thanks
2007-03-03 19:57:18 · 11 answers · asked by ycwendy2002 3 in Family & Relationships ➔ Marriage & Divorce
Forgot to mention the children are ages, 7, 12, and 15- and all are wanting to stay with me...
2007-03-03 19:58:46 · update #1
YES you most certainly can get divorced even though you're in separate states. You have been apart for 6 years, you have custody of the 3 kids, and it'll presumabley be uncontested -- right? Just make sure that in the interim of waiting for the final court date, any conditions you both have agreed to in IN WRITING, signed by the both of you, and at least notarized if possible. This protects both you and her.
I'm not a lawyer, but I've researched on the internet for a friend and my sister as well. Ideally, you really should obtain a lawyer at your earliest opportunity.
Good luck - and kudos for doing what so few men are prepared to do -- being a FULL-time, SINGLE father. My hat is off to you!!
2007-03-03 20:08:10 · answer #1 · answered by justlee62 2 · 0⤊ 0⤋
Two ways to do this. Youc an go to Probabate Court and ask for the divorce papers and file it yourself for around $80.00 something like that and court costs.
She signs it and it is over, but if there is children Ia m not sure is you can go thru probate , but you can check it out.
The other is to hire an attorney and file the necessary apper work and then she signs that and it is brought before the Judge and it is all over.
If she contests that and begins to change her mind and wants her children back, you would be surprised how the courts will give her children back if you cannot rule or prove her an incompetent Mother.
It gets very sticky and I have heard cases time and time again where the Mother wins regardless what you and her agreed upon...it's what you can prove when it becomes a court battle.
Anything heresay is no good.
2007-03-10 16:23:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I believe you can, it seems to me in my experience that once you file the divorce you become the petitioner. So do it first because is she files in her state then you would have to travel to her state if you wanted to contest the divorce for some reason.Where the hearing will take place depends who files first. I think you must live in the state of Montana for at least 90 days..
You can act on your own, what they call pro se, or hire an attorney to do it for you. Some judges will give you more latitude to present your petition in court, but if you make a mistake they are not very forgiving.....so if you can afford it hire an attorney.
The respondent, your ex wife (or soon to be), will have to be served the notice of your intent to actually divorce and if she chooses to come to the hearing she can. You will have to pay for any civil paper process to get her served.
Any paperwork you need to start the process can be obtained at the local court house where you move to. Go to the District Clerk of Courts office to file the paper work and get a hearing date in front of the district court judge. They should be able to help you with any further questions.
But, I do recommend you try and hire an attorney to help you out. Especially since you have young children and will need to file what they call a parenting plan agreement.
2007-03-04 10:13:20 · answer #3 · answered by Ed T 4 · 0⤊ 0⤋
Yes you can but if you file in Montana...the court will be in montana and she will have to go to Montana to see the judge. If you have kids even if you agree...you have to go before the judge. Now they also require you to take a parenting class on how to deal with your kids while getting a divorce. That would have to be done in montana. Which ever person is easier for traveling should be where you are filing.
2007-03-08 17:04:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, it can all still be filed through the mail. As long as she's not going to contest the custody, it should be a very simple process. Good luck with the new job and your new life in Montana!
2007-03-04 04:01:21 · answer #5 · answered by hlynae 2 · 0⤊ 0⤋
You need to get the paper drawn first asap! Have her sign and then go on out of town...Why have you waited all this time? Get a family lawyer and move quickly! File it in the state you guys or in or you will be surprised at the silly little details and stipulations plus it sounds like she abandoned the family anyway. Talk to a lawyer in both states for the right answer.
2007-03-10 16:20:29 · answer #6 · answered by tressroy 3 · 0⤊ 0⤋
You can file in the state in which you legally reside, or in the state where you were married.
If you wait until you move to file, you will porbably have to establish residency (6-12 month).
I would file before I leave... most divorces don't end up in court, particularly in a case like this where it sounds like it will be uncontested.
2007-03-11 13:24:11 · answer #7 · answered by kelannde 6 · 0⤊ 0⤋
yeah you can file for the divorce here but it wont get cleared for six months even if she agrees to it. here in california there is a law where you have to wait incase you want to get back together. been there and still waiting for our six months to clear. good luck also xx lives out of state.
2007-03-09 20:42:40 · answer #8 · answered by kitty 1 · 0⤊ 0⤋
A lawyer must answer this question. Just see one. Pronto!
2007-03-10 16:09:08 · answer #9 · answered by kathyw 7 · 0⤊ 0⤋
yes
2007-03-11 16:51:12 · answer #10 · answered by {Soulja_Boy'z_#1_Wifey} 1 · 0⤊ 0⤋