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Asked 8/6/2011

Me & my husband are separating & i need to know if i can leave the state of florida once i am served with divorce papers?

Me & my husband are separated here in florida and i want to move back to texas where my family is. We have a 2 yr old son but he was born before we were married and he is not on his birth certificate nor does he have his last name. My question is- if i wait to go to texas & im served papers here, can i still leave the state?

 
 
 
 
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Answer 1/1 - Submitted 8/6/2011

Yes, you can leave the state even if your divorce isn't final. You just need to notify the courts that you are leaving the state as well as his attorney. Write a letter stating you are moving to Texas to be closer to your family, due to the irreconcilable differences between you and (husband's name). My contact address is and phone #, for me to be notified for correspondence and due process in this case. You will probably have to go back to Florida for a court appearance, and see what the judge orders, to make it final. As long as you notify the proper authorities in this case you'll be fine. You can go to the clerk of courts at the courthouse and file your's yourself, and the one you send to his attorney I would send it certified, for the signature. At the bottom of each letter make sure you list the people you sent it to. That way everyone knows the other was notified as well. Wishing you the best of everything.

 
 
 
 
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