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Do You Intend to Move During or After a Divorce in San Diego?

On Behalf of | Sep 20, 2021 | Child Custody and Visitation

Do you intend to move during or after a divorce in San Diego?  Divorce is one of the most challenging issues many will face.  What happens if one of the former spouses wishes to get a fresh start and move?  California requires at least one of the parties to live in the State for six months prior to filing for a divorce.   Most states have similar provisions.  It may be important to give consideration to this issue from the perspective of filing for a divorce as well as the move itself.

The primary issue in these cases is the presence of children and the child custody and parenting rights of each parent as determined by the Court.

If you intend to move during or after a divorce in San Diego and do not have any children with your spouse the issues are primarily focused upon managing the process of your divorce from out-of-state and ensuring you have a solid understanding or agreement in place regarding the physical property you wish to take with you.

If you have children the nature of this question changes entirely.  If you or your spouse intend to move away or relocate with children during or after a divorce you need the advice and counsel of the experienced and proven Certified Family Law Specialists at Burke & Domercq.

Generally speaking, the location of the children for the six month period prior to the filing of the divorce will carry substantial weight from the perspective of jurisdiction.  A parent who presently shares custody of their children with a spouse cannot simply move out of the area, out of state or out of the country with a child or their children without the advance, written authorization of the Court.

Any attempt to move away or relocate with children in advance of filing for a divorce or during the case (in the absence of serious issues such as domestic violence or criminal activity) can actually work against your own interests as a parent.

Do you intend to move during or after a divorce in San Diego?  A fresh start can be a good thing, but it is important (especially if you have children) to seek legal insight and counsel.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.