Can Moving Across State Lines Affect Divorce Proceedings?

September 21, 2020

child custody

An individual in the middle of a divorce may seek to move to another state to live closer to family, gain independence, or to pursue a career opportunity. However, one may face legal challenges when trying to move. This is especially true if child custody arrangements exist. Those considering an out-of-state move should contact an attorney to discuss their legal options.

Does Moving Impact Divorce Proceedings if I Do Not Have Children?

When a divorce is filed, the court proceedings take place in a county court. Therefore, an out-of-state move might make it complicated for an individual that needs to drive back for court proceedings. However, one should note that it is legally possible to move out of state during a divorce if no children are involved. The individual should consider that the case will continue in their previous county. One exception is if the spouse agrees to relocate the case.

Can a Parent Move Their Child Out of State?

Having a child makes matters more complicated for both parties. A parent may not know if they can move a child across state lines. Whether a parent can legally move their child out of state depends on the status of the divorce. If the divorce or custody arrangements are not finalized, the parent can legally move their child out of state. However, a finalized divorce or custody arrangement may prohibit a parent to move.

Another factor that could prohibit a move is a court order. A court order allows a party to determine what is allowed during the duration of the divorce proceedings. This court order can include rules against moving a child out of state. A parent who believes their spouse wants to move their child out of state should contact a lawyer to file a court order.

What if Both Parties Move Out of State?

Both ex-spouses moving before or during a divorce has the potential to create significant issues. Both parties moving might make it difficult to determine the relocation of the case.

Ex-spouses who are moving should discuss with each other the details of their move, and ensure that all parties and legal counsel are notified before relocating. By doing this, the divorcees can negotiate who will file the divorce. If a decision is not made, the individual who filed first has the best chance of having the court proceedings in their area. It is crucial that both parties research their new state’s policies on how long they need to live in their new locations in order to file for divorce.

If a soon-to-be ex-spouse is considering moving across state lines, it is advisable to contact a lawyer before the move to avoid any complications.

Moorestown Divorce Lawyers at Stockton Family Law Help Clients with Their Complicated Divorce Proceedings

If you are considering a divorce, you should contact one of our Moorestown divorce lawyers at Stockton Family Law today. Our lawyers understand how relocation can impact divorce proceedings. We can help make this difficult process easier. For an initial consultation, complete our online form or call us at 856-412-5052. Located in Moorestown, New Jersey, we serve clients throughout South Jersey, including Mount Laurel, Burlington County, and Camden County.