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I Want to Move, How Will this Affect my Divorce?

Feb. 10, 2014

One common question that we get here at the firm is whether or not they move out of their marital home as they plan to file for divorce. It can be painful for some people to stay in the house where their family has lived for so many years and many people just want to escape from those past memories. However, if you are not planning to relocate to a distant area, then it may be in your best interest to remain in the home for the time being.

Sometimes staying put can be better for your case because it can preserve the interest and claim that you have in the community property. Moving out can not only endanger your claim to the assets when it comes time to the division of property, cut it can also reduce your risk of securing primary custody of the children. The family home is a large asset and someone may be awarded ownership of it in the divorce settlement. Not to mention, it is beneficial to remain in the home as long as possible if you have children that are still in school. Speak to a divorce attorney about your property rights today to determine whether or not moving out is a wise option in your divorce case.

If your divorce case is already closed and you are loving to move out of the area to another city or state there are certain steps you must take in order to get approval from the court. If you are not the main custodial parent and you are paying alimony, spousal support or child support then you should definitely speak with an attorney before you move. An experienced family lawyer may be able to help you get the support orders modified accordingly.

If you are the main custodial parent and you want to move away to a better area or to pursue a promising job opportunity, then you may run into a few obstacles. If the other parent has custody or visitation rights, then you cannot move away without resolving this issue. The court will need to come up with a new custody/visitation plan and ultimately the court will not approve it unless the move is in the best interests' of the children. The court will look at the motive behind the move and the reasoning must be justifiable. If you are seeking to relocate, contact a Pasadena family attorney from our firm without delay. You should also consult with a lawyer from our firm if you have a pending divorce case and you are debating on whether or not to move out of the marital home. Call us today at (626) 314-6738.