few follow up questions:
do I have to wait 2 years but she can file for divorce after only 90 days? I
was under the assumotion that the person who files first can use his/or her
states laws as the grounds for any legal proceedings.
Response 1: Different states, different laws. There is no
requirement to wait for two years after irretrievable breakdown of marriage in
order to file for divorce in Arizona. However, this is a requirement in
Illinois. If you file for divorce in Illinois, you have to comply with Illinois
divorce laws. If she files for divorce in Arizona, she has to comply with Arizona
divorce laws. If you file for divorce in Arizona, you have to comply with Arizona
residancy only established after she has her own place in Arizona (she
has been staying at her mothers but she is looking to get a place this
weekend)? She has an IL Drivers licence, the car is still registered in IL, and
she did start a new job about 6 weeks ago in Arizona.
Response 2: No. She started to accrue residency when she
moved to Arizona with the children regardless of where she is staying.
would be the best course of action legally so I can be with my children? I dont
want to have to travel 1800 miles just to see them for a few days at a time. It
was my assumption that untill my wife established residancy, they boys are
still residents of Illinois and thus I have the higher legal claim to them. My
wife has started denying me access to them on the phone and I fear it will get
Response 3: As stated previously, divorce is not a
solution at this point if you want to file for divorce in Illinois because you
do not meet the requirements to file for divorce in Illinois under
irretrievable breakdown of the marriage. However, you can file for
divorce in Arizona and then file Motion for Temporary Custody of the children
if your wife has resided in Arizona for 90 days. At this time, both of you have
equal custody of the children until the Court decides custody. You can go and
pick up the children if you can and if your spouse does not put up a fight. If she does, and the
Police is called, the Police cannot do anything except tell you to take your
matter to the Court.