Legal Question in Family Law in Minnesota
husband left us
i came here with my husband in 2000, it was my idea. he could work for the union, get good benefits and good wages. since we've been here, he has barely kept a job longer than 1 year, he's gambled, went to prison for NSF/Fraud, has been very verbally abusive, controlling, manipulative, and evasive. I am not from the state of minnesota, i have no family here. he left me and the children for another woman just recently. he has not been any help with moving us into our apartment and I have had to give him money to come see the kids. ironically the past 6 months he's been out of work with a bad injury that went into workers compensation, but right before we seperated, he we and ask the doctors to give 'lift' all of his restrictions to go back to work. but he couldn't do that during our marriage. may 1, 2008, we seperated. he went back to work may 5th, 2008. he has done nothing to support us and take care of us during the 16 years of marriage and the 8 years of living in minnesota. I want to know if I have possession of the children right now, can I take them home to me to oregon, and file for divorce since we were legally married in oregon?
1 Answer from Attorneys
Re: husband left us
There would be no jurisdiction in Oregon since you have not resided there for the statutory period. If you were to move with the children, it is quite likely that your spouse would file for divorce in Minnesota and seek ex parte (emergency) relief to have the children returned to the forum state. It is quite likely that such a motion would be granted.
You are far better off to file your action in Minnesota and seek appropriate relief through the courts.
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