My husband and i are stationed in virginia and he is in the military.. Am i allowed to leave him and take the kids to montana and file for divorce?

If there is no existing custody order in place, then there is nothing legally preventing you from leaving the state with the children.  But it may give rise to a custody battle here in Virginia.  Relocation cases are extremely difficult and the judges come out all over the place on them, making it very hard to advise people on what to do.  That is because every case is unique and is determined on a case by case basis.  You have to make decisions that are in the best interest of your children and that is ultimately what the court will be considering.  If you can show that it is in the children's best interest - not just yours - to move to Montana, then you may be able to keep custody of them there.  However, one of the factors in determining custody is the ability to foster a relationship between the children and the other parent.  If you move them to the other side of the country away from their father, this is obviously going to interfere with his relationship with them.  Your worst case scenario is that you are ordered to return the children to Virginia, but you would not be "in trouble" per se. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.