What You Need to Know About Moving Out of California During a Divorce
During a divorce, it is possible to move out of California and still continue divorce proceedings. However, moving out of the state may complicate the divorce process. Here is what you need to know about moving out of California during a divorce.
It is understandable as to why individuals may decide to move out of their state when going through a divorce. Many times, individuals going through a divorce may wish to be with family in another state, move out of the house they shared with their spouse, or have a fresh start. Individuals have the right to move wherever they want during a divorce; however, they must be available to appear in court when and if required.
Residency Requirements
To file for divorce in California, individuals must meet the proper residency requirements. This means that at least one party must be a resident of California for at least six months and a resident of the county in which the divorce was filed for at least 3 months.
If their spouse is not moving, an individual may file for divorce in the same county in which the couple lived together. If the individual moves out of the state before the divorce has been filed, they can still file for divorce in the same California county if their spouse meets the proper residency requirements.
Related: How to File for Divorce in California
Presence in Court
Although an individual does have the autonomy to move wherever they please during a divorce, they still must be present in court when it is required of them.
The individual that has moved during the divorce must return to California to sign documents, testify, or discuss negotiations. When a divorce has been filed in a California court, the divorce must be completed in that same court.
Moving During a Divorce When Children are Involved
Moving out of California during a divorce becomes more complicated when children are involved. It is not recommended that a parent seeking divorce leave the state as child custody and child support are yet to be determined.
If shared custody has been decided by a California court, spouses may not have the autonomy to move wherever they please. Rather, a child’s parents may be required to live somewhat close to one another to make shared custody easier for the children involved.
Related: Interstate Child Custody Laws in California
Filing for Divorce After Moving Out of California
Although not impossible, it may be difficult to file for divorce in California after a spouse has moved out of the state. If the above-mentioned residency requirements are not met, one cannot file for divorce in California. Only one spouse has to meet the residency requirements before filing for a California divorce.
If the residency requirements are not met or if both spouses move out of state before filing for divorce, the couple may have to file for divorce in another state. States have different laws regarding reasons for divorce; California is a no-fault state, meaning that there is no need to prove that a spouse did something wrong in order to file for divorce. However, this is not the case in every state, and individuals should research divorce laws or hire an attorney before deciding to file for divorce in a given state.
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If you or a loved one have any more questions about moving out of California during a divorce, contact us. Get your free consultation with one of our experienced California Divorce Attorneys today!