We filed for divorce in Jan 2006, we sold our vacation home and now have our primary residence up for sale. I do not have an attorney, I am representing myself, my husband has an attorney. I am working on a settlement agreement with his attorney, all of which indicates me moving to central Orange County (28 miles away from our primary residence). No agreement has been finalized yet. I have been looking for a place for 6 months, found one and moving this Sat. My husband's attorney is saying they do not give me authority to move, mostly because I won't agree with some of their financial request's in the settlement agreement. I need to move in order to get my son into 1st grade by the fall and to an area where I can work to support myself. Does my husband legally have the right to make me stay in our primary home?

I don't pretend to know the laws in California or the details of your divorce and I wish you had a lawyer. Kids do come first and you do need to work. Do what you have to for your family and let the courts do whatever.

I can't conceive how moving 28 miles away will cause your husband any real hardsip (even at today's gas prices). The only issue I can see would be leaving the primary home vacant until its sold.

I think you do need to consult a lawyer, or at least ask for a hearing from the judge.

I will say this, if he has an attorney and you don't, his attorney will lie to you and cheat you and decieve you to win and get the best deal for his client. ( that is what he is being paid to do)

Normally you can't move to a point where it is a hardship for the other party. Unless you have some agreement as to you not moving, you are free to move normally.

They are going to try and use this as a trick to make you give up something else, acting like you broke a big law or rule and could be in trouble.

If you are wanting to keep custody of the child and get proper child support, hire an attorney, (PERIOD) if you do not get an attorney, and your ex is wanting to get something over on you, they will.

While I admire your toughness I agree with Fr, Chuck, get a lawyer as they will use your action against you, Be great if you make them eat dirt but it could cost you and your child in the end . Good luck!

Thank you all for all your responses!

I don't see how. The divorce proceedings are under way so it's logical to presume that you'd be separated from your husband one way or another. As it is the home is on the market so you'd have to move eventually anyhow. For all anyone knows a buyer could come along next week. Given that it's in your son's best interests to start school promptly at the beginning of the year in what's going to be his home school district I don't think they have a leg to stand on.

Don't make any moves to you seek legal advice you will kick yourself later