Can the mother move to another state with my 5 year old, establish residency and then file? 3 Answers as of January 30, 2012

Yes you can move to any state to establish residency. Some are very short, Nevada for instance.

Yes, as long as you meet the residency requirements for filing a divorce in the new state.

The answer is a qualified yes. Every state has its own requirements for establishing residency. In Michigan, before you can file a divorce, you have to be a resident for 180 days. Other states have their own requirements. So, if you leave, your husband can file for divorce in the current state and force you to answer the complaint and stay in the state unless the court gives you permission to leave. Unless and until there are court orders, however, you can go wherever you choose. Just be aware that you have to meet the residency requirements of the new state you live in before you can file divorce and that will give your husband that much time to file before you and force you back to your original state.