I’m Getting A Divorce- Can I Move Out Of State?

If you are getting a divorce, there are several factors to consider that contribute to whether or not you can move out of state and if so how quickly.

If you and your spouse are in agreement with the move and there are no remaining contest matters, it may be relatively simple.

The first factor to consider is whether or not your case involves minor dependent children. If there are no minor dependent children, there would be very few cases where there would be any restriction on moving after the divorce is final. Before the divorce is finalized, there could be restrictions because of technical jurisdictional requirements, economic and financial circumstances, medical issues or other similar matters. 

If there are minor dependent children involved things are even more complicated. Generally speaking, moving to another state or even moving more than 25 miles from your current home can be restricted if it affects visitation and parenting time. 

Even though you might want to move to find a better job, get better family support and childcare from extended family members, the court may prohibit the move or impose restrictions on your ability to move the children. You also need to consider how the move will affect the shared parenting time and other terms and conditions of the parenting plan. If you have 50/50 custody of the children and you move to another state, you will need to petition for a modification of the parenting plan. 

On the issue of moving with children out of state, Sam Diamond, senior divorce counsel at Diamond Divorce Law said the following:

When clients, with minor children, come to me and tell me that they have plans to move out of state or a distance more than 25 miles, I immediately raise red flags. If the other party is not in agreement with this, I tell them that they need to be coached and know the ground rules and what to expect, before they open a huge bag of worms.  Once you know what to expect and what the court will look at, with our assistance, we can work out a strategy for the best way to approach your spouse to address this matter. With the right approach, it is possible to prevent long and protracted litigation.

Contact Diamond Legal Today

Ending a marriage is always a difficult and emotional time. Family law can be complicated, especially when you have children and need to work out custody agreements that are in the best interests of you and the children. The attorneys at Diamond Legal in McHenry have decades of experience that can help you close this chapter of your life and start fresh. We can take care of the details so that you can get started on a new life.

DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.