Seperation period done in another state


#1

When School is done this June 2011, I have a family home I can move my 2 middle school daughters to that is already paid for (no mortage) except taxes/utilities and a job already. However it is back in my home state. My daughters and I want to move back to my home state, be surrounded by my family that’s welcoming us with love and open arms! I hope with that move the separation time will start. The cost of living is much less than NC, and the fact that housing will be SO minimal is wonderful for us both. I’m not out to suck my husband dry of tons of money. He has a lawsuit for bed & board on him and has given me a countersuit in return. I have multiple recordings of how verbally and emotionally violent he is with my girls. He’s been labeled a narcissictic by our psycologist, has severe ADHD and a workaholic. Is it possible to do the seperation/then divorce in another state? He doesn’t agree to it yet as he claims he is going to alter his lifestyle for the girls, only when he has to, which is at seperation. What are my chances of my daughters and I being able to move to my home state where all my family is there for us after school is done? What has your firm experienced in past similar situations?


#2

It does not matter where either party lives during the separation, so long as it is in a separate residence.
If your husband does not consent to you taking the children with you to live out of state you will need to purse a custody action in NC and ask the court for a custody order which allows the move. I cannot predict the outcome, or give odds as to what may happen in anyone case.