If my wife wants to separate and live in another state in her parents’ house, can she then divorce me there?
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If my wife wants to separate and live in another state in her parents’ house, can she then divorce me there?
We had a child while living in il moved to New house in Indiana 3 or 4 years now. Had another child while living here. She works here I still work in illinois. She wants to separate and live in Illinois with a parent. Can see then file in Illinois for a divorce? Indiana only requires child support from me. And Illinois requires a whole lot of other stuff that I would have to pay and I will not have enough money to afford the house we currently live in.
Asked on October 28, 2017 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If there currenty is no court order of any kind (i.e. a divorce filing, custody order, etc.), then as their mother your wife can take the children anywhere she wants. That having been said, if you file for divorce now or go to court in your state for custody, she will not be able to move with them (at least until the issue of temporary cutody is determined). If she then attempts to leave the state, she can be arrested for parental kidnapping. The fact is that you should act now because if she leaves and establishes residency in the other state, then she can file there. At this point, you should consult directly with a local divorce lawyer.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If there currenty is no court order of any kind (i.e. a divorce filing, custody order, etc.), then as their mother your wife can take the children anywhere she wants. That having been said, if you file for divorce now or go to court in your state for custody, she will not be able to move with them (at least until the issue of temporary cutody is determined). If she then attempts to leave the state, she can be arrested for parental kidnapping. The fact is that you should act now because if she leaves and establishes residency in the other state, then she can file there. At this point, you should consult directly with a local divorce lawyer.
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