Legal Question in Family Law in Missouri
My husband and I decided we wanted a divorce back in april. We had an agreement that I would move from the state of missouri to illinois where I am from. We had the agreement notarized. We were only in the state of missouri because of his job. He is a pilot and he doesn't plan on staying in the area. My kids and I moved back to my hometown in illinois in may. When august came along and while my husband had visitation with 2 out of 3 of our children he went and got a false order of protection on me. It was dropped when he didn't show up. He held me here in missouri stating that he would call the cops and tell them I violated the order of protection. I stayed out of fear. All of my stuff is in illinois along with 95% of our kids belongings. I have been a stay at home mom for 10 yrs. We have been married for 8 yrs. He now wants to keep me no matter what. We went to 2 sessions with a marriage counselor and yesterday he told me and the marriage counselor that I could move home if I want to. He did hint to there could be consequences as he has tried using the kids to keep me here. Before anyone files for divorce since I have been living in illinois besides the last 5 wks and so have my kids can I move home to illinois legally and then file for divorce here in missouri? He has been abusive he admitted it to the counselor and I do have txts where he apologizes for it. I have pics of nails he has broken off of me and a broken phone. Please I need advice fast. I fear he is going to get crazy again.
1 Answer from Attorneys
If there is no order or protection, and no divorc efield, you can move to Illinois with the kids. You probably cannot thereafter file for Divorce in Missouri, as you will no longer be a resident. Once you fulfil the residency requirement for Illinois, you might be able to file there.
Good luck