# I agree to let you relocate if you dont divorce me!



## Desire2relocate (Jan 6, 2012)

Long story short. My husband is not a full citizen of the US yet but has been a green card holder for almost 4 years now. He should be applying any day now for the citzenship (if he hasn't all ready and just lied) and it could take up to 6 months or more to get his approved. He was charged with a felony over a year ago but NOT charged, the whole thing was expunged from his record so it is always possible that is or what will hold him up from even getting it at all? He claims he doesnt know? 

Anyways......

He says he will allow me to relocate to my homestate if I dont divorce him. He offered to sign a notarized statement saying I am free to leave if I dont divorce him. I am afraid that a simple notarized statement being signed at the bank isnt enough to protect me in court should he flip out later and change his mind while I am in the new state and then go to the courts to file for a divorce and petition us to come back.

How can I get his permission to go back to my homestate legally and not have to worry that I am being set-up and this is just a plan to make me look like I am kidnapping her?


----------



## calif_hope (Feb 25, 2011)

You need a Family Law attorney to write up an agreement for setting up two households in different states - he/she will file it at the Family Courts in each State/County. You would both sign this document - depending on the court rules in you current state a judges signature may or may not be required. 

This is not a separation agreement which may jeopardize his naturalization process, you may need to speak to an immigration attorney.




The document will detail, primary custody, child support, visitation, exchange procedures, medical cost contribution........

1. This document is NOT a postnuptial agreement
2. As a caution if the kids have passports - take possession of them, notify TSA that travel requires both parents agreement to leave country and the State Department to require Passports for your children to have both parents signatures.
3. Sent copies of the filed document to the police departments in your current city and you hometown city
4. Give a copy to your kids new school and notify them that their dad us to not take them from school without your pre-approval
5. Have a copy with you if you take vacation trips out of your home area

You can just do the notory document, but each party can just recind the agreement any time with lies..then you would be in a he said she said situation.....in the US all that a Notory adds to a legal document is a 2nd party verifying a signature - it does not (like in other countries) create a binding agreement it just verifies signatures.
_Posted via Mobile Device_


----------



## Desire2relocate (Jan 6, 2012)

Thank you so much for your reply. Do you have any idea what the name of this thing is called so I can google it more and also be prepared to visit a lawyer and ask for this specific type of paper?


----------



## calif_hope (Feb 25, 2011)

Called different in each state...just call a family lawyer from the phone book that advertises 1 free or a heavily discounted hour. In second thought it may be called a post nuptial agreement in your state......but the will tell. If you can't find a lawyer to talk to call the family court in your county.
_Posted via Mobile Device_


----------



## Desire2relocate (Jan 6, 2012)

I just did some google searches on "Post Nuptial Agreement in regards to relocation with kids" and basically what I am finding is that a judge in a divorce case can still overturn whatever is written in a post nuptial agreement when it is in regards to "the best interest of a child" in a divorce. So it looks like regardless what you do, your at the mercy of a judge unless the other spouse continues to agree with the post-nuptual agreement after a divorce.


----------

