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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).