Need divorce with kids help

[rysaroni]

What is the name of your state (only U.S. law)? AZ

I am going to start divorce proceedings against my spouse and need help. Our current situation is this, our home is going through either foreclosure or short sale due to my spouse being unemployed for 2.5 years. I have secured a place to live that will ensure as little disruption as possible for our two minor children. I am looking to move in a month and am planning on taking the kids.

My question is, do I need to have a divorce decree or separation agreement in place before I remove the kids from our current home? He is unwilling to move as of yet in an effort to save money. I am unwilling to risk that we will find a suitable place to live that will meet the needs our our kids. This foreclosure is not the reason for the divorce...the divorce itself has been looming for years, this is simply the straw that has broken my back.

Thanks.

 

[Just Blue]

What is the name of your state (only U.S. law)? AZ

I am going to start divorce proceedings against my spouse and need help. Our current situation is this, our home is going through either foreclosure or short sale due to my spouse being unemployed for 2.5 years. I have secured a place to live that will ensure as little disruption as possible for our two minor children. I am looking to move in a month and am planning on taking the kids.

My question is, do I need to have a divorce decree or separation agreement in place before I remove the kids from our current home? He is unwilling to move as of yet in an effort to save money. I am unwilling to risk that we will find a suitable place to live that will meet the needs our our kids. This foreclosure is not the reason for the divorce...the divorce itself has been looming for years, this is simply the straw that has broken my back.

Thanks.

Who is the primary care giver of the children for the last 2 years? How old are the children?

 

[rysaroni]

I am the primary caregiver. I work from home and take them to school, pick them up and then take them to and participate (softball coach, etc.) all their activities. Spouse does not contribute to any of that in any way.

The kids are 7 and 9.

 

[mistoffolees]

What is the name of your state (only U.S. law)? AZ

I am going to start divorce proceedings against my spouse and need help. Our current situation is this, our home is going through either foreclosure or short sale due to my spouse being unemployed for 2.5 years. I have secured a place to live that will ensure as little disruption as possible for our two minor children. I am looking to move in a month and am planning on taking the kids.

My question is, do I need to have a divorce decree or separation agreement in place before I remove the kids from our current home? He is unwilling to move as of yet in an effort to save money. I am unwilling to risk that we will find a suitable place to live that will meet the needs our our kids. This foreclosure is not the reason for the divorce...the divorce itself has been looming for years, this is simply the straw that has broken my back.

Thanks.

I would suggest that you file for divorce and ask for temporary custody of the kids, along with permission to move them a reasonable distance from the marital home. Since you were the primary caregiver, you should have a decent chance of getting that - and if you don't, better to find out BEFORE you sign a lease somewhere else.

 

[Bali Hai]

What is the name of your state (only U.S. law)? AZ

I am going to start divorce proceedings against my spouse and need help. Our current situation is this, our home is going through either foreclosure or short sale due to my spouse being unemployed for 2.5 years. I have secured a place to live that will ensure as little disruption as possible for our two minor children. I am looking to move in a month and am planning on taking the kids.

My question is, do I need to have a divorce decree or separation agreement in place before I remove the kids from our current home? He is unwilling to move as of yet in an effort to save money. I am unwilling to risk that we will find a suitable place to live that will meet the needs our our kids. This foreclosure is not the reason for the divorce...the divorce itself has been looming for years, this is simply the straw that has broken my back.

Thanks.

Sounds like you did nothing yourself to stop the foreclosure.

 

[rysaroni]

Sounds like you did nothing yourself to stop the foreclosure.

During the 2.5 year span I worked a full time job along with side contract jobs. I also picked up extra smaller jobs on the side. I did not want to stop paying on the house, but spouse did. I begged him to keep paying. I did everthing I could to keep the house but without income from him it couldn't happen.