Can I leave my husband and move out of state with our children and get divorced once I'm gone?

Asked 7 months ago - Weiner, AR

My husband knows I want a divorce due to "no fault" grounds on both parts. He does also just refuses to be the one to file. He wants to not live together anymore, and neither do I. He and I argue alot which is why I want a divorce, and I have agreed to be the one to leave our home to him and move out of state. My family lives out of state which is where the children and I would be leaving to. I need to leave him asap due to our conflicting ways. Can I do so without getting in trouble even without a legal separation or divorce?

Attorney answers (3)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    Answered . Please see previous response.

    This response is for information purposes only, it does not create any attorney-client relationship.... more
  2. Debra Joan Cheatham Reece

    Pro

    Contributor Level 13

    Answered . Mr. Scholl already answered as far as leaving the state. I want to address your "no fault" issue. There is no "no fault" divorce in arkansas. The only ground that doesn't involve fault is separation for at least 18 months prior to filing, but that is not available to you since your question says you still live together. To get divorced, the one who files must show the other party is at fault. There are specifically delineated grounds for divorce in Arkansas and you must meet one of those. You should talk to a family law attorney to learn your rights and obligations.

    No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is... more
  3. Holly Smith Martin

    Pro

    Contributor Level 4

    Answered . Your question raises several points. First of all, there is no such thing as a "no fault" divorce in Arkansas. You must have grounds for divorce. Secondly, both you and your husband have equal right or authority over your children until you have filed for divorce. That means either one of you can take the children out of state. However, once you have filed for divorce there is a standing order that goes into effect that may effect whether you can take the children out of state. Standing orders vary by county, so you need to consult a family law attorney who practices in your county. And finally, you cannot get a divorce in Arkansas unless you are a resident at the time of filing. And if you wait to file until after you move, you will have to live in your new state for a bit to establish jurisdiction. When children are involved, the children must reside in the new state for six months before that state has jurisdiction. Your situation has the potential for some problems so you need to talk to an experienced family law attorney.

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