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 3 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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.