Re: Seperation and Custody

If your husband is agreeable to your departure, you can file a petition for a limited divorce on the basis of a voluntary separation, and also ask for custody and child support. However, you won't be able to accomplish this before your scheduled out of state move, so you'd have to be prepared to come back for the hearing. If your leaving is against his wishes, you could still file for a limited divorce, but your grounds would be constructive desertion. In either case, if the case is still open a year after you separate, you could amend the petition and request a final divorce. The other thing you could do is wait until you've established residence (usually 6 months) in your new state and file there. The risk in this option is that your husband may be unhappy about your taking the children away from him, and may file his own petition here for custody.

The best solution of all, if possible, is to try and work out an agreement with him which covers all the issues, but perhaps you've already tried that to no avail.

Re: Seperation and Custody

IF YOUR HUSBAND AGREES TO THE SEPARATION, THEN THE PERIOD OF SEPARATION BEFORE DIVORCE NEEDS TO BE ONE YEAR. IF HE DOES NOT AGREE, IT IS 2 YEARS

Is there an agreement between you as to custody and property division, child support and other issues? If not, you should attempt to make such an agreement.

He or you may file for divorce before the the time is "ripe" and request temporary relief (pendente lite) as to custody etc if an agreement cannot be reached. Property awards must wait until the final disposition on the divorce. I suggest that you seek legal advice, especially if you don't have an agreement