Joliet, IL asked in Divorce for Illinois

Q: My husband wants a divorce and also joint custody of the kids.

In order to survive I need to move in with my parents who live about an hour away. My husband is telling me I can’t do that but instead have to spend money on rent and buy a car - can he do that?

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2 Lawyer Answers
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: You can do anything you want until or unless a divorce judge says that you can't. Ask your husband where he went to law school.

Brian W. Reidy agrees with this answer

Brian W. Reidy
PREMIUM
Brian W. Reidy
Answered
  • Orland Park, IL
  • Licensed in Illinois

A: If nothing has been filed to start the divorce, it is merely talk at this point. Until a case is started, parties are free to move anywhere that they want. Your husband can ask that you return and the court would have to make a decision based upon your unique facts. The distance could make it difficult for both you and your husband to remain active with the kids on a daily basis. No easy decisions here, but perhaps a lawyer in your area can provide specific guidance or recommendations after learning more of the facts in your case.

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