Legal Question in Family Law in Illinois

I live in illinois and my husband lives on post in kansas. We havent got a divorce yet and have no custody agreement. My question is if I can move to Colorado without a custody agreement.


Asked on 11/27/09, 3:36 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If there is a divorce pending or you have been divorced in Illinois, you can not leave the state without a court order. If there is no divorce pending there would appear to be nothing stopping you from leaving. You say you haven't "got a divorce yet" so it is unclear whether you have filed a case. If you have not, and your husband has not, you can leave. If your Husband files in Illinois soon after you leave he may seek an order ordering you to return, but recent case law would indocate that the law only keeps the status quo, which is you in Colorado and he in Kansas.

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Answered on 12/02/09, 4:04 pm


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