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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Hello. I am thinking about filing for divorce from my husband,

Customer Question

Hello. I am thinking about filing for divorce from my husband, who is an active duty member of the Air Force. I want to leave as soon as possible and move back in with my mother with our 2 children. The only problem is, we live in Nebraska right now where my husband is stationed and my mother lives in Illinois, where I'm from. My question is do I have to file for divorce here in Nebraska and wait until all proceedings are done before I can move or can I move to Illinois first and then file for divorce in Illinois? I live with my husband in a house we bought with both of our names on the loan. I really cannot stand to live with him much longer but I have nowhere else to stay in Nebraska. I would appreciate any advice you can give me. Thank you.
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.



You need to file in the state where you have resided for at least the past 6 months. You can go to Illinois, and still file in Nebraska.


However, if your husband is not agreeable to you having the children, then he can request temporary custody of them and you will be forced to bring them to him. I suggest, it is best to file and get everything done before trying to leave the state unless you feel he will not care enough and you can establish residence in Illinois of 6 months and then file there.


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and good luck