Q: I want to flee the state. What's the worst that will happen if I go without any court orders?
We have 4 kids, we've been married 9 years and I have been a stay at home mom for that whole time. He hates me and is leaving me to get evicted, turning the electricity off in a few days. He's mentally abusive but was physically abusive to his ex. No one will touch him. Even with (unrelated) felony charges, he got a slap on the wrist because he's a tall, handsome, well spoken, educated, white guy with money. I just want out. What can I expect when leaving the state? Will I lose my kids if I try to leave? He's scared I'm going to take his money. I just want to go and start my life over again. I don't care about his money. I just want to be free.
A: There is no actual legal prohibition which prohibits your leaving before a divorce is filed. Once a divorce is filed, there is a restraining order which prohibits taking the children out of state without permission of the other parent or the court. Upon filing a divorce, the court may (and often does) order the return of the children. A better alternative for you is to file for divorce here, and ask the court to award you custody of the children and to enter orders for maintenance, child support, and property /debt division. You should retain an attorney to represent you in this to help you get the best outcome.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
