Can You File For Divorce After Moving Out Of State
If you havent filed for divorce yet before you move, you may have difficulty filing out of state. Most other states have similar rules that require at least one spouse lived in the county and state for the preceding 3-6 months. If you dont meet that states requirements, you cannot file your case in that state.
Moreover, other states have different divorce laws. CA law allows no-fault divorce, meaning you can get divorced without needing to prove that your spouse did anything wrong. You may need to prove a good cause for divorce in another state, or at least follow different waiting periods to get your divorce.
If your spouse stayed in California, either of you can still file for divorce in California. Only one spouse needs to meet the residency requirements to file for divorce, meaning that a spouse who stays in-state can still file for divorce in CA, even if you moved out of state. CA law treats spouses equally, regardless of which spouse filed for divorce, so which spouse files ultimately does not affect the case. Still, this means you likely need to return to CA to appear in court and address issues.
Regardless of where you file your divorce case, it is important to hire an attorney who is licensed to practice in that state. Our attorneys are barred in the State of California and are licensed to handle CA cases for our clients. We can work at long distances, talking to you over the phone to help you handle your CA case while you are out-of-state.
Can I Move Out Of My House Before Divorce
If you and your spouse have decided to get divorced, it can be uncomfortable and inconvenient to continue living together. It is normal to want to begin your new life as soon as possible by moving out. Whether or not you should move out of your house before a divorce, however, depends on the circumstances. Weigh the pros and cons carefully before making your decision.
Think About The Status Of Your Assets And Debts
An important part of a divorce is dividing debts and assets accurately. While the law requires full disclosure of finances in most states, spouses sometimes make a strong effort to conceal information or hide assets. While you are still living in the home, get copies of all asset, debt, and income information from your personal computer and files. Get records that may be helpful to your various legal claims. It’s far easier to take matters into your own hands now than ask for this information later, during litigation. Tip: Because personal property has a tendency to “disappear” or get lost in the shuffle, consider creating a photo or video inventory of all furniture, furnishings, and possessions in the home. See our Pre-Leaving Checklist for more help.
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Why Moving Out Is The Biggest Mistake In A Divorce
Should you move out during a divorce? This question comes up all the time.
By the time you finally arrive at the decision to divorce, most couples live apart. Thats just how it usually goes. Especially in high-conflict situations, it seems like a natural choice. After all, if all you do is bicker, this eliminates strife, stress, and frustration.
Keeping The Marital Home After Divorce
If the marital home has special meaning to you and you want to keep it in the divorce, then it likewise makes sense to stay living in the marital home to demonstrate that it is important to you and you will not give it up willingly. A marital home is often a family’s largest asset.
If you are living in the marital home, particularly with minor children, a Los Angeles County family law court judge will be less likely to order the sale and partition of proceeds of the marital home.
Instead, you may be granted the right to reside in the home with your minor children. If your objective is to keep the marital home, then it makes sense to stay in the marital home during the divorce proceeding despite the discomfort it might cause if your ex-spouse is also residing in it.
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Effects On Child Custody
Being the first to move out establishes a new normal that can be difficult to overcome and significantly impact your relationship with your kids.
It is imperative that you remain active and involved in the day-to-day details of their lives throughout the divorce. This active involvement is not only important for helping the kids adjust to the divorce, but will be a factor in any custody issues that may arise.
Moving out without a parenting plan in place can limit your ability to spend time with your kids and can impact the courts decisions regarding custody and support. The courts are often reluctant to change a childs schedule or routine. If you already spend a significant amount of time with them, thats more likely to continue.
Moving out during divorce often leads to less one-on-one time with the kids and influences custody rulings.
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Traveling Out Of State Or The Country With Your Children
Usually, you need the other parents permission to travel out of state with your children, especially if you want to leave the country, or if, because of your traveling with your children, the other parent will miss his or her court-ordered visitation. If you cannot find the other parent, you will need to go to court and ask the judge for permission to let you leave without the other parents permission. You will have to look for the other parent and tell the judge everything you tried to find him or her.
You should also closely look at your existing custody and visitation court order and make sure that there are no restrictions on you leaving the state or your country with the children. If there are limits on whether you can take your children outside of your country or state, you usually need a court order giving you special permission to travel.
If the judge gives you an order letting you travel, make sure you get it in writing. Also make sure the order has everything you need, including the dates of travel and any other information so that you can travel with your children safely. Carry a copy of the order on you everywhere you go when you travel. You may need to show it to the border patrol, airport staff, or any official that asks to see it.
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Why You May Not Want To Move Out Before The Divorce Is Final
One reason many people give for not wanting to move out is that they fear that they will be abandoning any claim to the marital home. You do not give up your legal right to be awarded the marital home in the divorce if you move out beforehand. That said, courts are generally inclined to preserve the status quo in divorce cases. So if you want to live in your marital home, but you move out during the divorce, its somewhat less likely that the court will turn your spouse out of the home and reinstall you there.
If you have kids, there is another reason to stay put if you can. Most of the time, the parent who stays in the marital home stays there with the children. If you leave, as a practical matter, you may end up seeing your children less during the divorce, and possibly in less comfortable circumstances. And, of course, if you are seeing your kids less during the divorce, there is a possibility that the court will continue whatever pattern youve established after the divorce.
Can I Keep Living At Home While My Divorce Is Pending
Posted by | Dec 18, 2021 | 0 Comments
Now that you have decided to file for a divorce, many important decisions must be made. One of the first is whether you should move out of the marital home during divorce, which is not always clear-cut and easy to decide. While you may want to put some distance between yourself and your spouse while the divorce is pending, there are often powerful emotional bonds and financial issues related to your family home that make the decision to move out tricky.
Now that you will be ending a marriage, it means you will also be ending many of the benefits that come from being married, such as jointly filing taxes and sharing the family home with your children.
Every married couple’s situation is unique, and living in separate homes while the divorce is pending might not be a financial option.
Put simply, one spouse moving out of the family home simply doesn’t make economic sense, and both staying at home is the only option for the moment.
Under California law, you can file for a divorce and go through the proceedings while still living together. Still, this arrangement is frequently complicated as emotions during this challenging time are hard to control.
To help you make this crucial decision, our Los Angeles divorce and family law attorneys list things you should consider before you start packing boxes to move out.
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Additional Topics About Divorce In California
Divorce is a complex area of law, and divorce in California has significantly changed in the last half a century. For that reason, there is still confusion about certain aspects of California divorce where the public retains old misconceptions.
Some of these may arise from what used to be the law but is no longer. Others may be an urban legend that some people still believe and spread.
We cover these additional topics below, starting with the grounds for divorce in California.
What Is The Divorce Process In California After Filing And Service
Divorce laws in California are different from a divorce process. The process focuses on the order of events.
We took you through the divorce process earlier in this guide when we addressed how to divorce in California. The divorce process starts with a divorce petition and ends in a divorce judgment.
Their petition is the beginning of the process. The judgment is supposed to be the end of the process. However, it is common for there to be post-judgment modification proceedings on issues such as custody and support.
Rather than complicate this guide with a lengthy recitation of the California divorce process, we instead refer you to a comprehensive guide we wrote on this exact topic. Not coincidentally, it is called the California divorce process.
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The Danger Of False Domestic Violence Allegations
Some spouses are nefarious. They are willing and capable of making false domestic violence allegations against the other spouse. We see this situation when the nefarious spouse has a history of false allegations and is an angry and toxic personality.
It may make sense for the other spouse to move out before filing for divorce.
Divorce can raise the ire of spouses who already have anger management issues and are awful enough to make false abuse allegations.
Having a plan to get out of the house and immediately filing for temporary child custody orders is often a good idea.
Moving Out By Court Order
The second scenario is less desireable often becomes more difficult. California law has specific provisions on the subject of divorce and moving out within the context of residency exclusion orders. California states that before the court orders one spouse from the family residence, there has to be evidence of domestic violence. The purpose of the rule is to protect the victim spouse and any children. Even without children, the family court has the power to remove a spouse who has committed domestic violence. If one spouse wants to kick out the other spouse on an emergency basis, there must be strong evidence of harm to the spouse who seeks the order. This rule exists to avoid kicking a spouse out of a house unless there is actual risk of serious and immediate harm.
Your choice should be informed and intelligent. If necessary, it may be best to seek the guidance of an experienced family law attorney. If your situation between you and your spouse is hostile or violent, its strongly recommended to speak to an attorney as soon as possible.
Learn about the steps you’ll take during separation and avoid mistakes along the way. Be better prepared to start your divorce with tailored info from attorney, Cristin Lowe.
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What Is A California Divorce Mediator And What Does A Mediator Do
We only write about divorce mediators who are also experienced family law attorneys. We strongly believe spouses should not hire a non-family law attorney to be a mediator. Such persons are too often unqualified to provide the service. Some are completely incompetent.
A California divorce mediator is a neutral attorney who helps spouses reach a resolution of some or all of the issues in the divorce.
The mediator does not represent either spouse. They are not either spouse’s advocates.
That is precisely why competent mediators strongly recommend each spouse hire their independent attorney during the mediation process – so they have an advocate who can tell them of their options they may otherwise not know.
Turn To Us At The Law Officesof Steven E Springer For Help
Divorce is a complex process and emotional issues such as who will keep the house sometimes create many problems. You want to be certain youâve made the best case for yourself and your children. We want to help you build that case.
At The Law Offices of Steven E. Springer, weâve worked with clients in family law matters for more than 20 years. We represent individuals in San Jose, California and the surrounding areas of Morgan Hill, Fremont, Hayworth, Alameda County, Santa Clara County, and Pleasanton. Contact us today to schedule your free 20-minute consultation.
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Reach Out To Our Divorce Lawyers For A Consultation
It would help if you remembered moving out of the family home during a California divorce doesn’t mean you will lose your legal right to keep the house after the divorce is finalized.
It would also help if you attempted to reach a written agreement on the terms of moving out by listing the details of your plan, and then both spouses signed it.
If you can’t reach an agreement on which spouse will move out of the home, then you can ask the family court for help with temporary orders, but the court might believe it’s in everyone’s best interest for you to move out during the divorce.
On the surface, living together during a divorce makes financial sense, but it’s often too emotional and not a wise decision.
Furman and Zavatsky are Los Angeles divorce and family law attorneys located in the San Fernando Valley area of LA County. We serve people throughout Southern California and offer a free case evaluation by calling 818-528-3471 or fill out our contact form.
What Are Divorce Laws In California And Where Do You Find Them
You find California divorce laws in code sections, the California rules of court, and case law.
Most of California’s divorce laws are in the California Family Code. The Family Code sets forth substantive law on child custody, parenting time, child support, spousal support, asset, and debt division, reimbursements, domestic violence, and more.
Other California code sections include the California Code of Civil Procedure. As the name expresses, procedural rules that control all civil cases are often in this Code of Civil Procedure.
The California Rules of Court are different from code sections. They set forth rules by which courts must operate and handle cases, including family law cases.
They also set forth obligations of parties and lawyers. There is a lot of overlap between the rules of court and code sections.
You can even say there is unnecessary repetition. However, there are rules within the rules of court that you do not find in any other place, and it is essential to know them.
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Consider Your Finances Before Moving Out Of Your Shared Home
While it’s no fun to live in a house with someone you dislike or are divorcing, the havoc that moving out would wreak on your finances might be even worse. Think about what you can afford. If you are pondering moving out, create a budget, consider whether you will receive or pay spousal or child support, and initiate a discussion with a financial advisor.
There may be legal issues if you move out during divorce
Moving out can cause an array of legal issues that may be expensive and time-consuming to deal with, not to mention emotionally draining. For example, who will pay the mortgage, taxes, and insurance for the home? Will one of you be entitled to credits for overpayment or underpayment of the expenses associated with the house?
Community Or Separate You Need To Know Your Date Of Separation
You need to know when you married and when you separated to figure out what’s separate property and what’s community property. The day of your marriage is generally easy to figure out. Separation can be trickier.
Date of separation:
The day that one of you let the other one know that they wanted to end your marriage
After that day, your or their actions were consistent with wanting to end your marriage
For some people, this is the day they moved out. For others, this is a day the two spouses agreed together that their marriage was over, and they made plans to divorce. Generally, from that day forward, what you or your spouse earned or loans you took out were no longer community property.
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