Can I Leave the State During an Orlando Divorce?

In an ideal world, your Orlando divorce will be over very quickly. Unfortunately for some spouses, divorces can also drag on for months or even years. During this time, you might want to leave the state or the nation for various reasons. Perhaps you want to visit relatives. Maybe you need to travel for work. You might also simply need a vacation. Is leaving the state “allowed” if your divorce is still pending?

There Is No Law That Prevents You From Leaving the State During a Divorce

In terms of Florida law, there is nothing stopping you from leaving the state or the country while your divorce is ongoing. You are free to travel for work or pleasure during this period, and you may be able to do so for extended periods.

Avoid Missing Your Court Dates

With that said, you could face potential issues if you miss a court date while you’re out of the state. This could be particularly problematic during a contested divorce, as the court may issue a default judgment against you. In other words, the court will simply acquiesce to the desires and requests of your ex without consulting you first. If you’re not there to advocate for yourself, you may experience negative outcomes. If you’re planning a trip, speak with your lawyer to make sure there are no conflicts with upcoming court dates.

Leaving the Country or State Can Cause Various Child Custody Issues

You might also face serious child custody consequences if you decide to leave the state during a divorce. The one thing you should strive to avoid is taking your children out of the state without the other parent’s permission or knowledge. Federal and state authorities may view this as kidnapping, a serious offense that is often prosecuted as a felony.

Authorities are extremely wary of parents who try to flee with their children during a divorce. Parents who do this are often concerned about losing their children, and they choose to leave Florida to ensure that their ex doesn’t get any parenting time. If the parent successfully flees to a different country, it can be impossible for the other parent to locate their children.

Moving away on a more permanent basis can also cause custody issues, even if you do not bring your children with you. The family court might learn that you have moved away and determine that it is unreasonable for your children to travel back and forth between the two family homes. As a result, your ex might get much more parenting time if they remain in your old neighborhood.

Can an Orlando Divorce Lawyer Help? 

If you face any legal issues because you left the state during a pending divorce, consider speaking with a family law attorney in Orlando at Steve Marsee, P.A. These legal professionals can assess your unique issues and determine the most appropriate path forward. While leaving the state is certainly allowed, you may face various child custody issues in certain situations.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0787/Sections/0787.01.html