If a good friend of mine in another state wants to get a divorced, can she take her daughters and come here to file for divorce?

She and her husband have 4 kids together; 1 boy and 3 girls. The dad wants nothing to do with the girls and hasn’t done anything with them since birth; they are 15 year old twins and a 10 year old girl. The son wants to stay with his dad. She wants to move back here with the girls and her son will stay with his dad. She is willing to give her husband the house; she just wants to take their belongings and move her as soon as possible. I already have a house set up for them and my wife has a job lined up for her. What does she need to do so she can move?

Asked on July 18, 2015 under Family Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

She needs to seek legal help and enter in to a marital settlement agreement asap.  She should not leave the state with the children until she has an agreement in writing.  And she has to wait until she meets the residency requirements in your state before filing for divorce, which I believe is one year. Good luck to her. 

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