Family Law Questions? Ask a Family Lawyer Online.
First I'm sorry to hear you are at the point of a divorce.
In order to satisfy divorce residency requirements you would need to file for the divorce in your current state where you physically reside which would be Virginia.
Is it possible to relocate to Indiana with our children and file there if my husband agrees? I've heard stories about parents being arrested for taking children out of state, etc. If he agrees for me to return home to Indiana with our children while we are still married, until residency is established there (as a period of separate), does that make a difference? I know Virginia requires a one year separation before filing for divorce, but I don't have a support structure in the area as I only know my husband here & we've only been here 4 months.
He is currently agreeing to the relocation, but how can I protect myself. Should I get it in writing?
You should have a separation agreement written up by an attorney which states he gives permission for you to relocate with the children. I have seem people NOT take my advise and just write a note or have a note notarized but trust me that is NOT legally sufficient and the few dollars you same today can cost thousands in legal divorce and custody battles later. You don't have to hire a $400 per hour attorney to draft it because they're not hard and is relocation is the only issue they can be very cheap if you shop around to different attorneys. It will be money well spent.