Relocation based on Military Orders

I would like to move to New Jersey. I haven’t filed a separation agreement yet. And there aren’t any court orders in place. But, I’ve requested orders to Fort Dix. I would like to file the necessary paperwork when I move, I feel that there will be some sort of altercation if I stay. Will I be able to do this?

Thank you

If a separation is mutual, you can move at any time. If there are children involved and you move with the children, then you could be subjected to the other parent filing an emergency custody action against you and getting an order awarding that parent emergency temporary custody.

A separation agreement can be negotiated and executed at any time before an absolute divorce is granted. NC courts will likely have jurisdiction over the marital issues rather than another state.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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