American and Brit about to split

Hi, I am new to the forum and like most of you, probably never imagined you would ever turn to this type of forum for support. My husband and I have been married for 6+ years and have decided that growing old together isn't in our future due to realizing we are different and unhappy. Right now I don't know where to start, and the economy scare doesn't help, but ultimately I will be moving back to the States with our son. Is there anyone out there in a similar situation involving divorce of a US and UK citizen split where there is a child involved and perhaps could offer some beneficial advice? The talk of divorce/ separation has been going on for a few months now between husband and I and I feel ready to ask for some direction if anyone can offer any?

Thanks!

UK Yankee

Hi lise,
welcome to wiki.I cannot adise you on this one but I remember reading on similar situation like this,I am sure you will get some help.Not going to be easy though so be prepared for the bumpy ride.
take care

Your situation is not all that unlike mine except that no children were involved. My wife is American and we lived together for 17 years. Last year she returned to the USA with a view to permanent residence, not because she was rejecting me, but because she has a progressive, and unfortunately probably terminal, medical condition and wants to end her days in the USA. I did not feel able to join her because I am too old ( and too unwell ) to get medical insurance.So we are both 4000 miles apart but we are not divorcing. I will, hopefully, be going to see her later this month. But I did investigate the divorce aspect,because of a particularly nasty rule in NC that would make me a gratuitous guarantor for her medical expenses, which could potentially be ruinous. But she is getting close to Medicare. For the record, we are both still in love, and nobody is talking divorce.

You could clearly divorce in the UK but you also need to consider whether you could petition in your own particular state. Some have residence qualifications. There may be differences in which the law here treats your financial situation here as opposed to how it would treat it in your home state, and you will almost certainly need to consult an attorney.

Whether you can take the child abroad to live is a difficult one. If you are both agreed, there is no difficulty but a Court order might be necessary. The primary consideration is the welfare of the child. In your situation you should be able to convince the Court that your desire to take your child to the USA is genuine, but there are issues of contact to consider.
You certainly need olegal advice from an experienced lawyer in the UK.

Mike