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In fact, here's an idea... I think she should go home to her family and file for divorce herself in her home state. This gives her great advantage!
Indeed. This is something delong531 might talk to a lawyer in her home state about...basically, it may be advantageous to beat him to the punch and file for divorce back home. Could you -- or your family, perhaps? -- call a lawyer back in your home state and get some legal advice from them, delong531?
This is 2009, and women voice the same fears as women in 1800s. Hard to make on her own... Dependency on men.
I'm not criticizing... It just boggles my mind.
Being a working mom doesn't help either. They just reduce child support because you work. We can't win either way. Even a SAHM can have income imputed to her and child support reduced accordingly.
Delong, you might want to go ahead and take your kids and move in with relatives NOW - while there hasn't been a divorce filing yet. Don't tell him you're leaving, just do it - while he's not home. Then YOU file the papers first. As it stands, without any court orders or anything saying that you can't leave and take your kids with you, you are free to do whatever you want and to take your kids with you, anywhere you want.
Delong, you might want to go ahead and take your kids and move in with relatives NOW - while there hasn't been a divorce filing yet. Don't tell him you're leaving, just do it - while he's not home. Then YOU file the papers first. As it stands, without any court orders or anything saying that you can't leave and take your kids with you, you are free to do whatever you want and to take your kids with you, anywhere you want.
Great minds think alike, that's what I said
But as Sierra pointed out, some states have a minimum amount of days you have to live there to be able to be considered a resident.
Delong, you might want to go ahead and take your kids and move in with relatives NOW - while there hasn't been a divorce filing yet. Don't tell him you're leaving, just do it - while he's not home. Then YOU file the papers first. As it stands, without any court orders or anything saying that you can't leave and take your kids with you, you are free to do whatever you want and to take your kids with you, anywhere you want.
There is some truth to this. I'm in Michigan I had to file as soon as my husband moved out in order to prevent him from taking the kids. As a married couple, both parents have equal access to the kids. Until one is awarded custody, no one can stop a parent from taking their child.
However, I have no idea what happens after a divorce is filed. It may simply be a matter of the court ordering the children returned to the marital home. In my case, my lawyer did not ask for custody of the kids for me but rather that the kids not be removed from the marital home.
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