Tips for Moving During a Divorce | Marlton Divorce Lawyers

Q: Can I Move Out of the House?

First, it is important to note that it is not considered abandonment if you choose to move out. Since New Jersey law states that spouses are entitled to equitable distribution, this means that assets will be divided according to what is fair, but not necessarily equal. As the owner of the home, you still have rights to the property, and you do not forfeit them if you move out. In that same vein, however, just because you move out does not mean that you are allowed to automatically stop paying bills related to the home, particularly if your minor children are living there.

Q: Can I Move Out of State?

According to New Jersey law, a non-custodial parent is allowed to move out of state without their minor children. Whether for a new job or to be closer to family, there is no penalty for deciding to move away. However, be aware that doing so may impact a child custody agreement, and you may have to petition the court to modify it.

When a couple decides to divorce, it is inevitable that one or both parties will move out of the house. But before you pack your bags, there is much to consider, especially if you have children. Here are some tips that may save time and ensure you are doing what is truly best for you and your family before you walk out the door.

Can I Move Out of the House?

First, it is important to note that it is not considered abandonment if you choose to move out. Since New Jersey law states that spouses are entitled to equitable distribution, this means that assets will be divided according to what is fair, but not necessarily equal. As the owner of the home, you still have rights to the property, and you do not forfeit them if you move out. In that same vein, however, just because you move out does not mean that you are allowed to automatically stop paying bills related to the home, particularly if your minor children are living there. So, if you do decide to move out, consider the fact that you will likely still be responsible for a portion of the mortgage and utilities, particularly if you are the primary breadwinner.

If you do have children, there is even more to consider when deciding to move out. For instance, if a judge deems that the arrangement seems to be working well or the person who moved out has a less stable living arrangement or has moved to a place that is inadequate for your children, they may decide that it is in the best interest of the children to remain with the parent who stayed in the home.

Also, be aware that moving out of the home means you may no longer have access to it. This includes legal paperwork, which may be crucial to your case, as well as the contents, which you may have trouble proving existed prior to your leaving. For this reason, it is essential that you take photos of the home and its contents and secure copies of any important documents prior to leaving.

Can I Move Out of State?

According to New Jersey law, a non-custodial parent is allowed to move out of state without their minor children. Whether for a new job or to be closer to family, there is no penalty for deciding to move away. However, be aware that doing so may impact a child custody agreement, and you may have to petition the court to modify it. To make sure you are within the proper parameters, it is best to check with a lawyer so as not to jeopardize your rights as a parent.

Can I Move Out of State with My Children?

While it is possible to move out of state with minor children when a divorce is in progress, there are specific guidelines that must be followed to ensure you do not find yourself in contempt or lose custody of your children.

First, you must obtain permission from your ex-spouse to move a child across state lines. If both parties agree, a legal, notarized document should be drafted and signed by both parents. However, if you are met by opposition, you must petition the court to ask them to consider and approve the move. A judge will consider not only your reasons for the move but also what is in the best interests of the children. Even if there is no custody agreement in place, permission is still needed, as in this case, both parents are considered to have equal custody rights.

As a word of caution, though, if you intend to move out of state, plan as far in advance as possible, as there will likely be more than one hearing to make the decision on whether to approve it or not. Even if you are considering moving, you should consult with a lawyer to determine how to do so legally.

Let the Marlton Divorce Lawyers at Burnham Douglass Help Guide You Through the Moving Process During Your Divorce

With emotions running high during a divorce, there is a lot to consider when it comes to choosing the best time to leave. Ask questions and get answers from the Marlton divorce lawyers at Burnham Douglass. For a free consultation, call 856-751-5505 or contact us online. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in South Jersey-Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.

Category: Divorce