This is a law forum, not an ethics forum. I wouldn't be forcing her to move. The law of residency would. We are not legal residents of Maine until after 6 months, so our residency is still in CA where we lived for two and a half years. Maybe I should reword my question, my apology. Can a person who moves to a new state move back and file for separation in the state of residency if residency has not been established in the new state?
The courts will also take into consideration that she is a felon with a class a felony assault on her record against me which she is currently on probation for. I thought moving would give her a chance to get her life together and work on our marriage which I believe in. I see now I was wrong. That is where the question lies. Because I moved to Maine, did I give up the right to file in CA. Please answer from a law standpoint, not an opinion, thank you.