What to do about filing if I need to leave my husband for mine and children’s safety?

Do I have to file for divorce in the state I last lived in? I currently moved and mine and my children’s life’s are unsafe. I’m currently deciding to move again away from my husband. I’m afraid he will try and take my babies. Do I leave to safety first or do I file first? I’m clueless on how to approach this.

Asked on March 8, 2016 under Family Law, Georgia


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is probably best to file for divorce in the state you were married in, unless you have established one or more years of continuous residency in another state. I recommend you go to the family law help center in your state/county and speak to them about your options. You can find the nearst one with a quick google search. It is not recommended that you move your children out of state without consent from your husband or the court. This can lead to criminal charges.

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