When there are children who have residency with the other spouse in the other state, it’s an issue of UCCJEA. That law states, in part, that the court is going to want the action to be had where the children reside.
For example, suppose we have a husband who resides in Kentucky, and he has the children. He has been living in Kentucky, let’s say, for a year. At this point, if a soon-to-be ex-wife comes to me and says, “Can I file my divorce here in Columbus?” Well, you can file, but in this hypothetical, there’s a good chance that it’s going to get transferred to Kentucky. However, if they say to me, “My husband left with the children, and they’ve been living there for a month,” that’s not going to be long enough to establish residency in Kentucky, and that’s when you would file here.