What do I need to do to start a divorce if I’ll be out of state shortly?

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What do I need to do to start a divorce if I’ll be out of state shortly?

He is active duty Air Force. I am unemployed. We have a 3 year old daughter and have been married 8 years. I live in TX but am planning on moving back to OH to begin this process.

Asked on September 9, 2011 under Family Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  When you say that you are in Texas do you mean that you reside on a Military Base?  Is this you and you spouse's permanent resident as a family?  Then I would caution that you move your daughter out of state unless you have an order allowing same.  Your husband has a right to come home to his child.  Now, aside from this very important issue above, you are asking about residency for filing of the divorce.  Each state has a requirement that the person filing for divorce be a resident of the state and the county in which they file for a minimum amount of time.  Some states are 30 days but most are 6 months.  You will need to check that out before you file.  If you start the divorce in Texas and move you are going to have to come back and forth.  You also have not stated if your spouse is in agreement with all of this.  Then your options are different.  And let's not forget that he s on active duty and has additinonl rights under the law.  Please seek legal help here. 


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