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How relocating out of state can affect divorce

On Behalf of | May 29, 2023 | Uncontested Divorce

It is natural to want to lean on friends and family for comfort through a trying time like divorce, but sometimes those people live outside the state. Or perhaps you are considering starting over somewhere far away. Relocating during a divorce, however, may prolong the process or affect the division of marital assets.

Moving out of state without children

Before moving away, you should know that relocating can complicate your case. Before you may petition for divorce in most states, you must first fulfill the state’s residency requirements.

Before you can file for divorce in Texas, at least one of you should have been living in the state for six months and 90 days in a specific county. Otherwise, the court may refuse to hear your case. The person that stays should also be the one to file.

If you currently meet the residency and other criteria of the state where you moved, you may petition for divorce there as well. It could take longer to get a divorce if you have not been there long enough.

Moreover, it is a good idea to research each state’s divorce regulations before deciding which one will work best for you. Some states are less generous than others when it comes to alimony, and four of them do not grant it at all.

Relocating with children before divorce is finalized

Moving to a new state with your children could add another layer of difficulty to an already challenging situation. After filing a divorce petition, the court may impose a temporary custody order. Your ability to relocate to another state with your children depends on the outcome of this order.

In most circumstances, you will need either the other parent’s express consent or the approval of the court before you can move with your children. This is because if one parent moves out of state, the other may have less time to spend with the child. Without consent, you risk legal action and emergency custody to the other parent.

Although it is not easy to stay in the same place where you experienced heartbreak, the less complicated your divorce, the faster it may be finalized. Consult your divorce attorney before making any big moves. If you are thinking of moving out of state, their experience and guidance may help you decide.