Can you Move out of State During a Divorce?

Divorce is a time of transition and uncertainty, often accompanied by questions about personal freedoms and legal restrictions. One common question we encounter as a family law firm is: “Can I move out of state during a divorce?” The answer depends on several factors, including whether minor children are involved. Let’s explore the implications of relocating during a divorce with and without minor children.

Moving Out of State Without Minor Children

If you and your spouse do not have minor children, moving out of state during a divorce is generally less complicated from a legal standpoint. However, there are still several key considerations:

1. Jurisdiction: The court handling your divorce must have jurisdiction over you and your spouse. If you move out of state, you need to ensure that the move doesn’t complicate the court’s ability to finalize your divorce. Typically, the court retains jurisdiction as long as the divorce was filed in the proper venue.

2. Property Division: Relocating could make property division and attending court hearings more logistically challenging. If your divorce involves significant assets, consider whether moving might impact the valuation or accessibility of shared property.

3. Communication: While moving out of state without children does not inherently violate any laws, it can strain communication and negotiations with your spouse, particularly if the divorce involves spousal support or other contested issues.

Moving Out of State with Minor Children

If minor children are involved, relocating during a divorce becomes significantly more complex. Courts prioritize the best interests of the child, and any relocation that impacts custody, visitation, or parenting plans requires careful legal navigation.

1. Court Approval: In most states, a parent cannot relocate with minor children without the other parent’s consent or a court order. The court will assess factors such as the distance of the move, the reasons for relocation, and how the move affects the child’s stability and relationship with the other parent.

2. Custody Agreements: If a temporary custody order is in place, it typically includes provisions about relocation. Violating these provisions by moving without approval can result in legal consequences, including loss of custody rights.

3. Best Interests of the Child: Courts consider several factors when evaluating relocation requests, such as:

• • The child’s relationship with each parent.
  • The impact of the move on the child’s education and social life.
  • The feasibility of maintaining a meaningful relationship with the non-relocating parent through visitation.

4. Practical Considerations: Relocating during a custody dispute can complicate court proceedings and increase legal costs. You may need to provide detailed documentation justifying the move and demonstrating how it benefits the child.

Steps to Take Before Relocating

Whether or not minor children are involved, it is essential to approach relocation during a divorce cautiously. Here are some steps to follow:

1. Consult Your Attorney: Speak with a qualified family law attorney to understand your rights and obligations before making any decisions about moving.

2. Review Court Orders: Check any temporary orders or custody agreements for relocation restrictions. Violating these terms could have serious legal repercussions.

3. Seek Court Approval (if Necessary): If minor children are involved, file a motion with the court to request permission to relocate. Be prepared to demonstrate how the move serves the child’s best interests.

4. Plan Logistically: Consider how the move will impact your ability to attend court hearings, communicate with your spouse, and fulfill any legal obligations related to your divorce.

How Can Michigan’s Top Family Law Firm Help? 

While moving out of state during a divorce is possible, it’s crucial to understand the legal implications, especially if minor children are involved. If you’re considering relocation, our experienced family law attorneys can help you navigate the process and protect your rights. Contact Wilson Kester today for personalized guidance, tailored to your situation.

By addressing these issues early, you can make informed decisions and avoid unnecessary complications during this challenging time.