While you’re getting divorced, it’s natural to want as much separation from your soon-to-be ex-spouse as possible. Tensions may be running high, and living in the same place may make it difficult to remain professional during divorce hearings and negotiations. A move away may be the best solution for everyone.
However, moving during your split can add some legal complications to the proceedings. Here’s what you need to know about moving while you’re getting divorced, how it may affect you, and how to keep things simple during the process.
Why Moving During Divorce Causes Problems
Changing your residence during a divorce or separation can affect you in three ways. It will require extra administrative work to keep court documents accurate, it could affect the division of assets, and it may complicate child custody proceedings.
On the administrative side, a move requires you to update your address on all documents involved in your split. This can be time-consuming and annoying, but it’s essential if you want to stay on top of critical legal updates on your split.
More seriously, moves impact asset division in several ways. If you move out of your shared home, your spouse can use this to argue that they should receive the property. While California law protects your right to 50% of all marital assets, it doesn’t state how couples must accomplish that split. Moving out can make it more challenging if you want to keep the house.
Similarly, if you have children with your spouse, you may find it difficult to move before you’ve sorted out custody decisions. If you leave them with your spouse, you may struggle if you want to fight for sole custody. However, if you take the children without your spouse’s permission, you risk legal action.
How to Make Moving Simpler While Getting Divorced
Moving while you’re getting divorced can be done, but it takes some planning.
- Pay for your move with your sole property. If you buy a new home or hire movers to transfer things to your new place, use funds that aren’t part of your marital assets. This will keep your new place and everything you spend on the move from being considered during your split.
- Write a postnuptial agreement. If you and your spouse can still work together, writing a postnuptial agreement covering things involved in your move will help keep your divorce running smoothly. You can cover details like whether your home should be sold in the divorce and how personal property like furniture should be divided. This lets you address the property concerns for your move before the divorce is finalized.
- Get a temporary custody agreement. If you want to take your kids with you, it’s worthwhile to pursue a temporary custody plan before the rest of your split is finalized. Even if it’s not identical to what your final agreement looks like, having one is crucial to avoid the risk of legal charges.
Work with Viola Law Firm to Navigate Your Mid-Divorce Move
You don’t want to complicate things for yourself by moving during a split without considering the consequences. By working with the experienced divorce lawyers at Viola Law Firm, you’ll have access to qualified legal advice to make the best possible decisions for your split. Get in touch today to learn more about how we can help you simplify your divorce and move on with your life.
