I am leaving my husband cause he is abusive can I take them out of state? Neither one of us has filed for divorce yet

As long as he gives you permission.

If you leave, he can file righ after for divorce and/or custody of the kids. This could require you to either move back so that he will not be injured in his rights to visit the kids. Or require you to return the kids to him.

Of course if you move and he does nothing no harm. But what if 3 weeks after you move, he files for custody and gets a court order requiring you to return the kids to that state.