how do i get away?

i have been married for a few years, have 2 children ages 1 1/2 and 3. i have been emotionally and physically abused the whole time.i fear for my life. he has threatened me.i live on the east coast, however i want to live on the west coast, get away from him. what are the chances that once i file for divorce that the courts will let me move with the children? what would happen if i just get up and leave without filing anything? then file after i establish residency out there? please someone help, i am very desperate.

You are in a Domestic Violence situation. As a victim of such abuse, you can first file a DVRO, which stands for Domestic Violence Restraining Order. This provides you w/ temporary orders to kick him out of the home and have him stay away from you and your children. Then, you would attend a court hearing to get a permanent restraining order that would last up to 3 years. In that same court hearing, you could also collect child support so that you have funds to care for your children.

The other option is to get a divorce at the same time you are getting a restraining order. The issues at that type of hearing are : child support, child custody (w/ you, of course), spousal support, visitation b/w father and kids, and the restraining order.

As you mentioned, you could just flee to the West Coast without any court orders. You would have to reside in the new county for a certain amount of time, however, before being able to file for divorce. You could, however, get the restraining order.

To file for a restraining order or a divorce, go to the Family Court in your old or new area. I wish you the best. Just realize that there is assistance and laws to protect persons like yourself who are being abused. Take care.