Divorce With Respect

How does moving out of state affect getting a divorce?

On Behalf of | Dec 2, 2022 | Family Law |

Getting a divorce is a complicated event. When one party moves out of state during the split, that can quickly turn the process into something even more arduous. One of the many reasons for this is that each state has its own laws and regulations regarding separation and divorce.

Here are some things that can happen when one or both spouses move out of state during divorce proceedings in California.

Child custody upheaval

Child custody is one of the most hotly debated topics among recently separated couples, even those who try to stay amicable. When one spouse moves out of state, the court may deem that spouse to be in violation of a custody agreement. A judge could find that moving out of state with the children and away from a co-parent is not in the best interest of the children. Since most courts try to uphold decisions that are in the best interest of minor children, this could cause a conflict in the separation arrangements.

Residency turmoil

In many states, you must be a resident of that state before you can file for a divorce in that jurisdiction. California has rules of its own as well. Moving out of state shortly before or during a divorce could affect where either party may file for divorce, depending on how long each person has lived in the state where they are filing.

Filing for divorce comes with many complications. However, learning about what can happen when a spouse moves out of state can make the process go more smoothly and help you avoid excess court fees.