What’s my next step if I want a divorce but need to leave the state?

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What’s my next step if I want a divorce but need to leave the state?

I’ve been married for 8 years. We have 2 kids and I’m a stay-at-home mom. My husband is a great provider but that is the only thing he does. He has not been a husband or a dad. He never has been. He comes home and gets on his computer games and ignores all of us. It’s been like this since our sons were born. He never helped out with anything in the household. It is honestly like having another child. Over the years I’ve grown apart from him and completely out of love. I’ve recently told him this and now he is trying to fix everything. I in return do not want it fixed. I want a divorce. I have no family close by; the closest is 5 hours away so the only help I have is in another state. I don’t know what my next steps should be since I’m not working and have no one here to help. What do I do next?

Asked on December 6, 2018 under Family Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Until a divorce is filed, you can legally take your children from the state. Once you establish residency there, you can file for divorce. However, if your husband files for divorce first in the state in which you are now living, the court require that you return. If you do not, you can be charged with parental kidnapping. Your best course of action is to file now and ask the court for temporary custody and permission to take your children out of state Permananet custody can be etablished when the divorce is granted). At this point, you need to consult directly with a local divorce attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Until a divorce is filed, you can legally take your children from the state. Once you establish residency there, you can file for divorce. However, if your husband files for divorce first in the state in which you are now living, the court require that you return. If you do not, you can be charged with parental kidnapping. Your best course of action is to file now and ask the court for temporary custody and permission to take your children out of state Permananet custody can be etablished when the divorce is granted). At this point, you need to consult directly with a local divorce attorney who can best advise you further.


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