Out of State Divorce Question

After my husband and I separtated, I relocated to Boise, Idaho. He lives in Illinois. Can I obtain an atty in Idaho to file for my divorce? Do I have to travel back to Illinois to file for divorce?

[Illinois Parent]

How long have you been in Idaho and are there any children?

I have been in Idaho for 1 week and we have 2 children, ages 16 and 14. He wants joint custody, and I agreed to that. We own a house in Illinois, and he has stated that he wants the house, I agreed to this.

[MySonsMom]

I believe you have to establish residency in your new state before you can file for divorce there.

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[Illinois Parent]

OK - you'll get advice but I am not an attorney. First, you have to have 6 months in your current state for it to be considered 'home' state for filing of divorce and custody. Second, because of the kid's ages, they are old enough to state where they want to live. HOWEVER, except in extreme cases were severe abuse or neglect is an issue, I would NEVER recommend that kids of any age get involved in the divorce/custody proceedings.

If it is truly amicable between the two of you, and you can work it all out on paper, present it to a single attorney and have that attorney act as 'mediator', meaning that he works technically for both of you, then go ahead and do it. The attorney can then make sure it is all legal, you split the bill, and the attorney files it for you in Illinois. BUT, make sure that custody and support are fully laid out to both of your liking. And be flexible with each other until the kids are out of the picture (18 or out of college).

I hope this helps.

Anyone else, feel free to jump in.