Can a divorce case be moved out of State?

Moving farther away than a few freeway exits to be closer to extended family, however, can complicate your situation. If your divorce was filed in County A, for instance, and you’ve just moved across the state to County X, you shouldn’t expect to have the case move with you, even if you’re the one who filed it.

Can a spouse file for divorce in a new state?

If you or your spouse just moved to a new state, you will have to wait until you can meet the residency requirement or you must file in the state where one of you can fulfill the residency requirement. Choice of Law Whether you choose to file for divorce in your home state or your spouse’s may depend on a number of cases.

Can a spouse claim desertion if you move out?

In these states, you can get a big edge if you prove that your spouse gave you grounds for divorce. If you live in one of the 33 fault ground divorce states, then you need to make sure that your spouse can’t claim desertion of the marriage when you move out.

What are the legal risks of moving out during a divorce?

For kids, judges prioritize stability, consistency, provision and education. This is where divorce can get really nasty, because if one spouse can show the other to be an incompetent caretaker, the court may give preferential treatment to the more competent spouse.

If you or your spouse just moved to a new state, you will have to wait until you can meet the residency requirement or you must file in the state where one of you can fulfill the residency requirement. Choice of Law Whether you choose to file for divorce in your home state or your spouse’s may depend on a number of cases.

Is it legal to move out of state after divorce?

This is because any legal custody agreement or visitation order is an official command from the court, detailing places and times when the other parent has a legal right to see the children. Moving far away is sure to impair that schedule, so the order must be modified before you can do it.

Can a divorced couple live in different states?

In addition, if an individual is served while within the physical boundaries of the state, that is sufficient to establish minimum contacts with the state to establish personal jurisdiction over the individual. For example, a husband and wife have separated and the wife moves to Indiana and the husband lives in Missouri.

Can a parent move out of state with their children?

However, in some cases, this move can backfire and a judge will grant custody of the children to the other spouse because of what the court believes to be wrongful conduct. We will now touch on a topic of parents moving out of state with their children and how this can impact Texas divorce proceedings.