What state should I file for divorce in?

UPDATED: Oct 24, 2010

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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


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

Answered 12 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.   

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