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Reged: 01/25/07
Posts: 16
want to move back home
      #191585 - 01/25/07 12:34 AM

my husband who is still living in our house has been staying out all night and i suspect that he is having an affair so I have decide to go ahead with a divorce after 10 years of marriage. Thing is we moved to Louisiana for his job in Dec of 06 so we have been here for over 1 year so does that mean that I file in LA even though my driver's license is still from TX. I want to go home because I stay at home with our 2 kids 10 and 3 and keep kids too but I can't make enough money to support myself. I have no family here and being only 28 I have never lived out of TX without my family. So I want to leave, but I have not filed for divorce. Can I go ahead and leave before I file for divorce? Can he stop me from leaving legally right now? We constantly fight and it is horrible for my kids. He is a former drug addict and this is not his first time to do this so my 10 yr old is already emtional stressed from once before. He doesnt want me to leave and take his kids but can he stop me without a divorce being filed and will I have to come back if I do leave.
Very Upset and Scared

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Carpal \'Tunnel

Reged: 10/05/06
Posts: 27897
Re: want to move back home [Re: Mcoco]
      #191613 - 01/25/07 07:14 AM

If you have been in Louisiana for a Year, I am guessing you meant DEC 05, you are a resident of LA. I think it depends on the Lawyer and what your STBX would say in court. Your best bet is to go to a lawyer on a free consultation and ask those same questions. You can always take your kids on a visit to wherever you want to, they are your kids. What his reaction would be would be the big concern for me, if you are putting yourself in danger, then before I did anything, I would again see the lawyer, ask about protective orders, the legality of what you want to do and how best to protect yourself. I do know here in LA you have to be seperated for at least 6 months, and spousal support can be denied by proof of an affair. Bottom line, see a lawyer, its going to come to that anyways.

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Carpal \'Tunnel

Reged: 12/31/05
Posts: 10213
Re: want to move back home [Re: Redlegg]
      #191923 - 01/25/07 05:22 PM

If you leave he can file for divorce in LA and have the children returned to the state .

Careful. We don't want to learn from this.

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Reged: 02/12/07
Posts: 41
Re: want to move back home [Re: googledad]
      #200579 - 02/17/07 07:35 AM

Why not stop the fighting, Share the home equally, Let him go do his thing, if he is not a danger to your children, You get a job, become independant. You say you cannot support the children on your own, so keep him where you know what he is doing. You didn't say he was a danger to your children. I see your brought up the ex drug abuse, but to be fair to him, you stayed and had another child with him. Make sure you can support your children on your own, make sure your reasons for wanting to go back to texas are in the best interest of the children, not your desire to make him pay. You never said if he was a good dad or not. Ask yourself this before you try to run with the children. You are not "only" 28, you are "28", that is not a tender age, put your children first, I realize you are mad because you suspect he is cheating, but get over being mad, think of what is best for the children and no matter how vindicated you may feel in screaming and hollering at him in front of the children, don't. Put what is best for the children ahead of all else.

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