QUESTION

How can I divorce my husband and move out of the state while pregnant?

Asked on Aug 09th, 2013 on Divorce - Oregon
More details to this question:
I am married, pregnant, and unemployed with little hope of finding work where I live. I live overseas right now with my foreign national husband. He doesn't help support me or the kids. I want to move back to the States to set up a better life for this coming child, and the two I already have from a previous marriage. Can I move to Oregon while married and pregnant, settle in the state, and then file for divorce? Is there any law preventing a married woman from moving away from her husband? Is there any document I can have him sign before I go to avoid any problems later? Can I file for divorce and have it finalized before the baby is born? How long is the wait to establish residency in Oregon? Do I have to put him on the birth certificate?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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You do not really have to have the dissolution process complete before the baby is born. Jurisdiction for a Dissolution of Marriage in Oregon is established when the filing party has been a resident of the State of Oregon for six months, but you can file a petition for legal separation after three months and then move to amend the petition after you have been in Oregon for the full six months. On another point, you should put the baby's natural father's name on the birth certificate, if for no other reason than making sure the birth record is true and accurate. If the father never comes to the USA, there is little chance that you can get enforcement of a child support order against him, but if he moves to another state in the USA the Oregon child support agency can get inter-state enforcement. As to whether you can leave your husband without his permission, that would be an issue for the law of the country in which you now live. If you live in a country with Muslim law or a strong Catholic culture, you may have to get his permission to leave (unless you can get out of the country first).
Answered on Aug 12th, 2013 at 11:48 AM

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