What Happens If You Move During a Divorce?

Divorce can be a complicated process, and relocating during divorce proceedings adds another layer of complexity. Whether you’re moving within California or out of state, understanding how relocation affects your divorce is essential to ensure you comply with legal requirements and protect your rights.

At Kaspar & Lugay LLP, we’ve seen how moving during a divorce can influence everything from child custody to property division. Here’s what you need to know if you’re considering a move while your divorce is underway.

Legal Considerations for Moving During a Divorce

California law requires transparency and cooperation during divorce proceedings. Moving during a divorce can raise legal issues, especially when children or shared property are involved.

Residency Requirements

If you’re relocating within California, the state’s residency requirement for filing divorce won’t change. To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where the divorce is filed for three months.

However, if you’re moving out of state, your divorce proceedings will likely remain in California if your spouse still resides there. Once a divorce case is filed, California generally retains jurisdiction unless both parties agree to transfer the case.

Relocation and Child Custody

If you share children with your spouse, moving can significantly impact custody arrangements. California courts prioritize the best interests of the child, and a parent’s decision to move may require judicial approval.

While your split is pending, a temporary custody order may be in place. Moving without the court’s permission can violate this order and harm your case. If you need to move a significant distance, especially out of state, you’ll likely need to file a move-away request with the court. The court will evaluate factors such as:

• The reason for the move
• The child’s relationship with both parents
• How the move will affect the child’s well-being
• Whether the move aligns with the existing custody arrangement

Keep in mind that the parent who wishes to relocate bears the burden of proving that the move is in the child’s best interests.

Property Division and Relocation

California is a community property state, meaning that any assets or debts acquired during the marriage are divided equally between spouses. Moving during the divorce process can complicate property division if:

• You move out of a shared home before determining who will retain the property.
• Items in the marital home are removed without the other party’s knowledge or consent.

If you’re leaving the marital home, ensure you inventory your personal belongings and agree on how shared assets will be managed during the split. Courts frown upon one party taking or concealing marital property during divorce proceedings.

Spousal and Child Support Implications

Relocation can affect both spousal and child support calculations, especially if the move influences living expenses or access to children.

California courts use a set formula to calculate temporary spousal support. A significant change in financial circumstances due to a move—such as a higher cost of living in the new location—could prompt a modification request.

Meanwhile, child support is calculated based on custody arrangements and each parent’s income. If a move impacts custody schedules or travel expenses for visitation, the court may revisit child support calculations.

Practical Steps to Take Before Moving

If you’re considering a move during your divorce, careful planning can minimize potential complications. Here are some steps to follow:

1. Consult Your Attorney

Before making any decisions, speak with your attorney to understand how the move could impact your divorce. At Kaspar & Lugay LLP, we can advise you on legal requirements and help you navigate potential disputes.

2. Notify the Court and Your Spouse

Transparency is key. Inform your spouse and the court about your intention to move. Failing to provide notice could result in legal penalties or unfavorable rulings.

3. Follow Court Orders

If there are existing custody or property orders, ensure you comply with them. Moving in violation of a court order can have serious consequences, including losing custody rights.

4. Keep Records

Document your reasons for moving, communication with your spouse, and how the move will benefit you or your children. These records can be helpful if your move is contested.

5. Plan for Custody Adjustments

If you’re moving far enough to disrupt current custody arrangements, propose a realistic visitation plan to the court. Demonstrating your willingness to maintain the child’s relationship with the other parent can strengthen your case.

3 Common Challenges With Moving During a Divorce

There are a variety of common challenges that can make moving during your split more complicated than moves already are. Some of the most common struggles you may face during the process include:

1. Relocation Delays: Court approval for a move-away request can take time. Plan ahead to avoid disruptions to work, school, or housing.
2. Disputes Over Intentions: Your spouse may argue that the move is intended to alienate them from the children. Be prepared to address such concerns and provide evidence of your good faith.
3. Financial Strain: Relocation often brings additional costs, such as moving expenses and higher living costs. Discuss potential financial implications with your attorney and plan accordingly.

An experienced lawyer can help you prepare for all three of these challenges and make more informed decisions before, during, and after your move. 

How Kaspar & Lugay LLP Can Help

Relocating during a divorce is a major decision that requires careful consideration and legal guidance. At Kaspar & Lugay LLP, our experienced attorneys are here to help you navigate the complexities of divorce while protecting your rights and interests. We can assist with:

• Move-away requests and custody modifications
• Property division disputes
• Addressing jurisdictional challenges
• Negotiating spousal and child support adjustments

Whether you’re moving across town or across the country, we’re here to provide the support and advocacy you need.Moving during a divorce can be challenging, but with proper planning and legal guidance, it doesn’t have to derail your case. If you’re considering a move, consult with the experienced attorneys at Kaspar & Lugay LLP to ensure your transition is smooth and legally sound. Contact us today to schedule a consultation and take the next step forward.