Divorce signals a lot of major changes for individuals. Amidst this whirlwind, the idea of taking off and going somewhere else can be very appealing. Not only does this create physical distance between you and the ex, it also enables you to get ahead on a fresh start as soon as possible.
Unfortunately, moving while your divorce proceedings are ongoing can cause massive legal headaches and other complications that may not be worth the trouble. A move during divorce isn’t impossible, but it comes with plenty of obstacles and challenges. Today, we’re taking a look at how moving can impact your divorce and discussing ways you can minimize the challenges that come with this type of move.
Why Moving During a CA Divorce is Not Recommended
The two biggest concerns while moving during a divorce involve asset division and custody proceedings. In terms of asset division, things like moving from the family home or proactively splitting and taking assets with you can come back to haunt you and lead to an unfavorable allocation.
Just as concerning, child custody issues become infinitely more complex when you move and find yourself fighting for sole custody or limited visitation from the other party. Unfortunately, this issue becomes an unsolvable problem because if you leave without the kids, you risk your chances of securing sole custody. Likewise, if you take the children with you during your move, you risk legal action as well as potential ramifications for acting without the ex’s permission or consent.
Tips for Making Moving as Easy as Possible During your CA Divorce
- Pay for and fund everything separately. If you’re set on moving, do what you can to fund this via funds outside the marriage. By using separate property to get your new home and relocate, you ensure that your new arrangements remain untouched during the asset division property.
- Seek a temporary custody agreement. If you plan on taking your kids with you, make sure to do everything above board and discuss this with the ex. If they’re on the same page, it is in your interests to establish a temporary custody agreement with the ex to back this up. Otherwise you risk legal charges, loss of custody, and more if things go south.
- Consider a postnuptial agreement with the ex. Along similar lines, you can work with the ex to establish a postnuptial agreement that gives you both more control over processes such as asset division. For example, you can use this agreement to detail how the family home is to be sold or split, etc. once your divorce proceedings wrap up.
Count on us to Help You Navigate Your Complex Divorce Issues in CA
There’s definitely a lot to think about when weighing the implications of moving during your divorce. That said, we understand that some parents may not have a choice in deciding whether to stay or move. Whether you’re looking to assess whether a move is a good idea, or want help with a divorce proceedings during or after your move, know that you can rely on us at the Law Offices of James P. White.
Call us today at 925-271-0999 to speak with our experienced CA divorce attorneys. We take the time to fully understand your specific circumstances to ensure that we advocate for you effectively and efficiently. Reach out today to learn more about how we can help.