Tips for Relocating to Another State After a Divorce

A final divorce court order that ends a marriage is often bittersweet. After weeks or months of negotiations, you’ll finally finish the difficult decisions you have to make during the divorce process. You and your ex are both free to move on with your lives.

After a divorce, you may want to relocate to move closer to family, get a new job, or start a new adventure. If you’re planning on relocating to another state after your divorce, make sure you start on the right path. Divorce requirements depend on where you file for divorce. For legal advice about your options after divorce, talk to an experienced divorce attorney.

Is Your Divorce Recognized in All States?

You should expect every state in the U.S. to respect your divorce once it’s legally granted. The Full Faith and Credit Clause of the United States Constitution requires each state to respect other states’ judicial proceedings. Just as a marriage in one state is recognized nationwide, so is a divorce. A divorce is a nationally recognized judicial proceeding. In the eyes of the law, you are a single person, and you are free to remarry in every state.

If your divorce decree orders continuing obligations between you and your ex-spouse, you must let your spouse know about your move. If you’re receiving or paying alimony or child support, for example, your former spouse may need to locate you.

Can You Still Get Alimony if You Move to Another State?

If you’re paying or receiving spousal support or alimony, moving to a new state shouldn’t change that. Under the Uniform Interstate Family Support Act, the spousal support order will still be enforceable in another state. If you are receiving alimony, you can register your support order in your new state. The new state will enforce the award order.

Can You Move Out of State With Children?

If you’re a parent of a minor child, the procedures for moving to a new state might be more complicated. Generally, you can only move a child out of state with the co-parent or court’s permission. Your move will affect not only you but also your children and the child’s other parent. The non-custodial parent still has parental rights — even if you move across state lines.

If you have joint custody, the child custody arrangement will provide for parenting time, visitation rights, physical custody, and legal custody. Moving out of state changes the custody order because it’s more difficult to follow the visitation schedule. So, as the moving parent, you will need a new joint custody agreement.

Will the Court Approve an Out-of-State Move?

If the other parent doesn’t agree to your move, the court will weigh whether the move is in your child’s best interest. The court will consider many factors in the best interest of the child, including their:

• Relationship with their other parent
• Other siblings
• Other family members
• Support system
• School and educational needs
• Existing community and new location
• Travel costs

The court will consider your interests in moving and how they affect your child’s best interests. For example, if you want to move for a better job, the increase in income may be in your child’s best interest.

If you need medical care that is only accessible in another state, the court may find it in the child’s best interest to keep the child with you during recovery from your illness or injury. The court decides each case on an individual basis.

Can You Move Without the Other Parent’s Permission?

Make sure you get court approval before moving out of state with your child. Taking your child without permission is parental kidnapping. Moving your child to a new home without notifying the court or the child’s other parent carries serious penalties. It can also hurt your child custody case.

What Do You Need Before Relocating Out of State?

Moving is costly and stressful. You have to pack up all your belongings and settle in a new place. So, be prepared before moving. This includes gathering up all your important documents, including:

• Divorce decree
• Child custody order
• Child’s legal documents
• Educational records
• Financial records
• Tax records

If you’re moving with your child, you will have to enroll them in a new school district and notify the child’s old school that you are moving. You may also want to find a new pediatrician for your child and family doctor.

How Can a Divorce Lawyer Help With an Out-of-State Move?

Sometimes, moving on is the best thing to do after a divorce. If this includes a move out of state, doing it legally is crucial so that everyone can truly move forward. For legal advice about moving to another state after a divorce, talk to a divorce and family law attorney as soon as possible.