Relocation During Divorce in Texas: What You Need to Know
Divorce can be a complicated process, and the decision to relocate during the divorce proceedings can complicate matters even further. In Texas, there are specific legal considerations when it comes to moving during a divorce. Whether you’re thinking about relocating within the state or moving out of state, it’s crucial to understand how this decision will affect your divorce case, especially when it comes to child custody and property division.This blog will guide you through the important factors to consider when contemplating relocation during a Texas divorce. It is essential to be well-informed and seek legal advice before making such a significant decision. Whether you’re the custodial or non-custodial parent, or if the divorce involves significant assets, understanding the legal implications of relocation is key to protecting your rights and ensuring a smoother divorce process.
How Relocation Can Affect Child Custody in Texas
One of the most critical factors to consider when moving during a divorce is how it will impact child custody arrangements. Texas courts prioritize the best interests of the child when making custody decisions, and relocating can significantly affect the court’s determination.Texas law requires that a parent who wants to move more than 100 miles away with a child must obtain the consent of the other parent or the permission of the court. If you are the custodial parent, relocating could be viewed as an attempt to disrupt the relationship between the child and the non-custodial parent, which might result in the court granting custody to the other parent.Even if you and the non-custodial parent have joint custody, relocating with your child may still require court approval. This is particularly true in cases where the move would interfere with the child’s relationship with both parents or hinder the existing custody arrangement.
Relocation and Property Division During Divorce
Relocation can also affect property division in Texas. As a community property state, Texas divides property acquired during the marriage between the two spouses. However, if you relocate, especially if the relocation involves moving out of state, you may face additional complexities in dividing marital assets.For instance, if you own property jointly, such as a home or a business, relocating could affect the way these assets are divided. A divorce involving relocation might require a more thorough division of assets, particularly if one spouse moves out of state and the property needs to be sold or managed from a distance.If the move impacts the financial stability of the assets or if one party is unable to attend mediation or court hearings, it could lead to delays in the process. Relocation may also complicate how both parties handle debts and shared assets. It is essential to understand the full impact of your move on asset division and to plan accordingly.
Spousal Support and Relocation
Another important consideration when relocating during divorce is how spousal support may be affected. In Texas, spousal support is not automatically granted; it is only awarded under certain conditions. The courts may consider various factors when determining spousal support, including the length of the marriage and the financial needs of the requesting spouse.If one spouse relocates, particularly if it results in a significant change in their financial situation, the amount and duration of spousal support could be influenced. For example, if the relocation results in one spouse taking on additional financial burdens, they may be entitled to receive support for a longer period. On the other hand, if the move makes it easier for the spouse to become financially independent, the court may limit or even eliminate spousal support.It is essential to discuss the potential impact of relocation on spousal support with your attorney, as these decisions can have long-term financial consequences.
Legal Steps for Relocation During Divorce
If you are considering relocating during your divorce proceedings, there are several legal steps to take. The first and most important step is to consult with a family law attorney who is experienced in Texas divorce law. Relocation during a divorce can be complex, and an attorney will help you navigate the legal process and avoid making decisions that could negatively impact your case.Before you move, you should ensure that you have the necessary legal permissions. If you are the custodial parent, you will need to obtain the consent of the non-custodial parent or file a motion with the court to seek permission to relocate. In some cases, it may be necessary to provide evidence that the move is in the best interests of the child or that it will not interfere with the non-custodial parent’s visitation rights.For property division, it is essential to review the assets and liabilities you will be dividing before making any moves. If relocation changes the dynamics of property ownership or the ability to divide assets, a professional financial advisor or property evaluator can assist you in understanding the implications of your move on the division of assets.
Avoiding Common Mistakes When Relocating During Divorce
When relocating during a divorce, it’s easy to make mistakes that can have serious long-term consequences. Some of the most common mistakes include:
Failing to consult with an attorney: Not understanding the legal requirements for relocation can result in complications that delay the divorce process or negatively affect custody arrangements.
Not getting the proper legal consent: Moving without the consent of the other parent or court approval can lead to losing custody rights or delaying the divorce.
Underestimating the impact on asset division: Relocating can affect the division of marital property, especially if assets are difficult to divide across state lines.
Overlooking future financial obligations: Moving during divorce may result in additional costs, such as travel expenses or modifications to the spousal support arrangement.
Avoiding these mistakes is crucial to ensuring a fair and timely resolution to your divorce. Working with an experienced family law attorney can help you make the right decisions for your future.