relocating with kids before divorce

[kjt]

What is the name of your state? WA

I live in Washington but am currently visiting family in Ohio with my children. I have finally decided that my marriage is over and would like to stay here and get established. I am wondering if my husband can make me return with the kids to WA before the divorce is finalized. I have NO idea if he will fight me over the divorce or for custody. I have been unemployed for almost 4 years, taking care of our kids.

Any info would be very appreciated, directions where to look for info would be great, too!

 

[hexeliebe]

First things first: Have you already filed for divorce? It's not clear from your post.

 

[kjt]

relocating

sorry, no I haven't filed. Actually, I haven't even told him that I'm not coming back yet, I'm just trying to get a feel of what to possibly expect.
Thanks!

 

[hexeliebe]

There are several things you can expect. One is that once you tell him he will file in Washington state and you will have to return there to finalize the divorce. Two, you wait the required time (each state is different) to become a resident of Ohio and then file in which case he will have to travel to Ohio to answer the divorce.

In your situation, since you are at the disadvantage here because of the time element, my personal adivce is to return to Washington and file for divorce since you are already a resident there and won't have to wait.

 

[stealth2]

Ohio has a 6 month residency requirement (as well as 90 days in the county of filing) before you can file for divorce. It is very likely he would file in WA before that 6 month period is up. Your best bet is to go home, settle your business in WA, and then hope you can get permission to move the children.