I met my husband and moved to Virginia 17 years ago to be with him. We have 3 kids, ages 15, 10, and 6. We want to get a divorce and plan on talking with a lawyer for the marriage settlement agreement. I want to tell him I want to move back to my state of Tennessee. I have no family or support system here. I’m sure he will agree. I have always been the primary caregiver and he’s just not at home ever. He’s not a hands-on parent. We are not financially able to get individual lawyers, so we want one lawyer for the settlement and we will come to an agreement. My question is… will I need my own lawyer to move out of state even if he agrees to it? I make more money than him but also take care of the kids. Will I be expected to pay alimony? Also, our house is in both of our names. How does that work?
Virginia is an equitable distribution state, so that means the house will likely be divided between the two of you in a way that the courts consider ‘equitable’ or fair. If your ex consents to the move, it would likely be permitted by the Court. But it’s much harder if they don’t allow the move, especially since every state is hesitant to release jurisdiction to another state under the Uniform Child Custody Jurisdiction and Enforcement Act.
@James
That makes sense. I hope he agrees because moving back home would really help me and the kids.
Have the kids established lives there? Friends, schools, doctors?
No, they have not established anything there yet. All of my family and support system is there though.
Gabi said:
No, they have not established anything there yet. All of my family and support system is there though.
Does the dad work and pay bills and stuff?
You can hire a mediator and file the paperwork in court yourselves. The mediator can help you with some of these questions. It sounds like you two are on the same page. As long as you both agree on splitting everything, including children and money, you won’t need an attorney.
@CoparentCoaches2
That sounds like a good option. I’ll suggest it to him when we talk.