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Divorce is a challenging process for any couple, and relocating during or after divorce can add another layer of complexity. For same-sex couples, understanding how moving affects property division, custody arrangements, and legal obligations is important. This guide explains what individuals should consider under California law and provides clarity for LGBTQIA+ couples navigating divorce.
For guidance on same-sex divorce, contact Moreno Family Law Firm through our online contact form or call (408) 676-1814.
How Relocation Impacts Divorce Proceedings
In California, divorce is governed by state law, which applies equally to same-sex couples. If one spouse moves to a different state or even a new county, it may affect how the court handles the divorce case.
Residency Requirements
Before a California court can finalize a divorce, at least one spouse must meet residency requirements. This typically means living in California for six months and the county of filing for three months. Relocation can reset or complicate these requirements.
Property Division
California is a community property state. This means assets and debts acquired during the marriage are generally split equally. Moving to another state does not change this principle, but coordinating property division across state lines may require additional legal steps or filings in multiple jurisdictions.
Custody and Parenting Considerations
Child custody and visitation are often the most sensitive issues when one parent moves. California courts prioritize the child’s best interests, which can include considering the distance between homes.
- Courts may adjust parenting schedules to accommodate a move while preserving the child’s relationship with both parents.
- If a move crosses state lines, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state can make decisions about custody and visitation.
- Communication and agreement between parents can minimize disruption for the child and prevent legal conflicts.
Even when both parents agree to relocate or modify custody arrangements, it is advisable to document agreements formally to avoid misunderstandings.
Financial Implications of Moving During Divorce
Moving during divorce can have financial consequences beyond property division:
- Selling a home before the divorce finalization may impact equitable distribution.
- Relocation costs, including moving expenses, new housing, and potential changes in employment, should be factored into financial planning.
- Spousal support or child support may be adjusted if a move affects a spouse’s income or expenses.
Careful planning with a San Jose divorce attorney can help ensure financial considerations are addressed clearly.
Steps to Take if You Are Planning a Move
Before moving during divorce proceedings, consider taking the following steps:
- Inform your spouse and legal counsel of any relocation plans.
- Review custody agreements and discuss potential modifications if children are involved.
- Work with a San Jose divorce attorney to ensure compliance with California’s residency and property division requirements.
- Maintain records of financial changes and moving-related expenses to support any adjustments to support or property division.
By taking these precautions, moving during divorce can proceed with less uncertainty and legal risk.
Interstate Divorce Scenarios
When relocating to another state, the divorce process may involve both California courts and courts in the new state. While California can finalize the divorce if residency requirements are met, any modifications to custody or support after the move may need to be filed in the new state. Coordination between attorneys in both states can ensure legal compliance and smoother transitions.
H2: Working With a San Jose Divorce Attorney on Same-Sex Divorce and Relocation
Moving during divorce introduces both logistical and legal complexities, particularly for same-sex couples navigating property, custody, and support arrangements. Working with a San Jose divorce attorney helps ensure that all legal requirements are met and that any agreements regarding relocation, property, or custody are properly documented.
For guidance, contact Moreno Family Law Firm through our online contact form or call (408) 676-1814.