What state should I file for divorce in?

Get Legal Help Today

 Secured with SHA-256 Encryption

What state should I file for divorce in?

I live in OR and I’m moving to WA and buying a house. We have 2 children age 3 and 5. We have been separated for 3 months. He was coming to see the kids but the whole time he was bombarding me with talk about his partying, other girls, and pressuring me to have sex during the visits. So I told him not to come over as often (which was 4 days a week) and we weren’t gonna get back together. Now he hasn’t called for 2 weeks+ and doesn’t see the kids at all by his own choice. So, should I file for divorce before I move to OR or after I move in WA? Also, what happens if he files in OR after I move? Finally, would my husband have any claim to the new house?

Asked on October 24, 2010 under Family Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

You need to get an attorney as soon as you can.  You are still legally married and you live in a Community Property State. Yes, the house is an issue.  Money earned during a marriage - and you are still married - is a marital asset and if you are using a marital asset to purchase the property then he could make a claim to it.  And each state has a residency requirement for filing an action for divorce.  You will have to wait probably 6 months before you can file in Washington.  You can file now in Oregon. And you can not really just leave with the kids and move out of state without the courts ok. You could be considered kidnapping the kids.  Get help please before things get worse.   


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption