If you’re currently going through a divorce, it can no doubt be a difficult time for you emotionally. While divorce can be incredibly stressful, depending on your circumstances, it can also be quite liberating. The transition to independence can be both scary and wonderful when a world of opportunity opens up, moving from one stage of life to another. For those seeking a fresh start post-divorce, moving out of state is a great way to start the process. However, is it possible to move out of state while your divorce is still in progress?
California divorce law states that in order to file for divorce in a particular state, the individual filing for divorce must reside in the state for 6 months or 180 days. Additionally, living in the specific county where you are looking to file the divorce for at least 3 months is essential as well. If you and your ex-spouse have lived in California for 6 months but live in different counties, however, you may file for divorce in either county. If you don’t meet the residency requirements but want to get the ball rolling on the process, you can still file for a legal separation and then file for an “Amended Petition” once the residency requirement is met.
If you and your ex-spouse are childless, there is not much after the residency requirement keeping you from staying within the state, besides making it the paperwork process more convenient. The situation becomes much more complicated, however, when there are children involved.
In order to move out of state with your child, you will need to file a petition to the courts for permission to take your children with you across state lines. The guidelines and steps for doing so depend on the custody conditions between the both of you and your child. If you are the parent with sole custody, taking your child out of state should be legally uncomplicated unless the other parent attempts to prove the move would harm the child in any way. In the case of joint custody, the parent that wishes to move must prove the move is in the best interest for the children if the other parent doesn’t want them to move.
Whether you are thinking about moving away with your kids, or you suspect your ex-spouse may wish to move away with your kids soon, discussing this with your attorney will ensure that your parenting plan will protect your rights and intentions. Ultimately, given the complicated nature of child custody laws, divorce laws, and their intersections, it’s imperative that you consult with an experienced attorney who will give you the best possible advice. Contact our team of divorce attorneys today!