How any months does it take to establish residency before filing for a divorce?
I want to file for divorce my husband is Saudi citizen. We have lived overseas 11 years. How many months do I need to live in OR before filing? I need to protect kids from being taken overseas. What can I do now to protect them? Kids have both Saudi and US passports. I am US citizen husband is not.
In almost all cases, either you or your spouse must have lived in Oregon for six months before filing for divorce. In addition, the divorce must be filed in a county in which one of you lives.
What you are worried about here is an international abduction of the children. This needs to be addressed in the first instance with the filing of the divorce paperwork often by having the passports turned over to the court until the matter is resolved through divorce agreements. And these agreements must be specific as to this issue. You need to seek legal help with all this. There are certain issues that need resolution that can only be answered by an attorney in Oregon that knows the law there. You did not mention where overseas you have been living and how that will impact on your case only a divorce attorney will know. Here is some information on how child abduction issues can be handled and what to look for. Good luck.
"The Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention) provides that a child who is habitually resident in one party country, and has been removed to or retained in another party country in violation of the left-behind parent's custodial rights, should be promptly returned to the country of habitual residence. Unfortunately, the Convention binds only a minority of the world's states and, even among its parties, the level of enforcement varies significantly. Certain defenses can be interposed in any Hague case, so return orders are not always available and return applications are often hotly contested.
Immediate action is obviously essential if a client reports that the other parent has threatened to take a child permanently to the parent's country of origin. Great concern should also be paid whenever a parent's country of origin is not a party to the Hague Convention or is non-compliant with its Hague Convention obligations. (We will discuss the concerns raised by abduction to non-compliant and non-party countries in the August Issue of New York Family Law Monthly.) In addition, even if a parent intends to take a child to a country that effectively enforces its Hague Convention obligations, or even if the parent's country of origin is such a country, counsel should consider whether or not that parent would succeed in defending or significantly delaying a future application to return the child pursuant to the Hague Convention.
The legal system can help to prevent international parental child abduction only if parents, lawyers and judges perceive the problem and then take quick and effective action. Parents must recognize the risk of allowing the other parent to take a child to his or her country of origin and must instruct counsel to act quickly to prevent or limit any such visits. "