Need advise on filing for Divorce & Custody.

[MrsStressed]

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

My husband and I have not been living as a married couple for over a year but co-habitating in the same house. I am currently laid off (stay-at-home mom) unemployed in Montgomery Co, OH.
I was offered a job & its still on the table (starting in December,however it is 3 counties (90 miles) away in Ohio. How long would I be required to wait to file for divorce & custody of 4yr old daughterChildren in that county (Franklin)?

Or do I file for divorce in my current county with temp custody with job acceptance & permission to move for my new job?
Married 6 yrs. I just want out with what I had prior to marring and my daughters & my personal things...& peacefully go on with my life.

What is the best way to handle this?

Thanks for any advise!

 

[mistoffolees]

In Ohio, you must be a resident of the state for 6 months and a resident of the county for 90 days. So if you move to another county in the state, you wait 90 days to file in that county.

Ohio has both fault and no-fault grounds for divorce. The no-fault grounds are 'living separate and apart' for 1 year or 'incompatibility'. Since you're living in the same house, it's going to be hard to go for the first one, even though you have separate rooms (not impossible, but very difficult). The second one is easier, but only works if your stbx doesn't contest it.

What is your best option? It really depends on whether your stbx agrees with you moving away with the child. If there is no objection, then either option should work. In the interest of time, you could file before leaving and request temporary custody along with your husband stating that he has no objection to that. HOWEVER, there's a risk that he would change his mind at the time of the preliminary hearing and ask for the child to be returned to the county you're in. You'd be 3 counties away and the court very well might rule that the child has to come back.

If it were me, I'd get a written and witnessed agreement with him allowing you to move and take the child and spelling out the visitation that you will follow while you are living in separate counties. Then, do that and follow the visitation outlined in the agreement. After 90 days, file for divorce in your new county and request that your agreement be entered with the court as a temporary custody arrangement along with the expectation that it will become permanent.

Of course, all of that assumes that your husband agrees with you taking the daughter with you to another county. If he objects, it will get messy and you might be in a position that you really want to find a job locally.