It’s never been easier to move out of state. Online resources allow you to research new areas, find a new property, review it, get it checked out and either put a rental agreement in place or buy it without having to enter the state. That’s incredible and allows us to look at new and exciting options after a divorce. Yes, it can feel difficult to start over again, even in the same area. Perhaps moving will offer more benefits and opportunities?
Moving after a divorce can be tricky, especially if you are thinking about moving out of state. If you do not have children, then things can be a bit more straight-forward. However, if you do have children, that completely changes things, starting with custody. Your attorney can walk you through everything you need to know. If moving out of state is on the table, you need to speak with them before you get started building the idea.
Moving Out Of State With Children
The conversation starts with whether or not you have children. If you do, then you have to appreciate the possibility that the state of Arizona will not allow you to leave because you do not have sole custody. This is a challenge people face every year as they look to start a new life or take advantage of new opportunities only to find out that they cannot leave.
In order to leave the state with your children, when you share custody with your ex, you would need to notify the courts and your ex about the idea and request approval. If your ex approves, the courts will probably sign off on it too without much consideration. However, if your ex does not approve of the idea, the courts will hear them out and unless you can show reason why they are not a good parent, the courts will probably side with them.
Taking children from their parents is not a decision the court takes lightly, especially when the decision takes the children away from good parents. If your ex is a good parent that will be valued much higher than any opportunities that await you in another state. At that point, you would have to try and work out a new agreement with your ex like having the kids over the summer or something else.
Moving Out Of State Alone
If you are traveling alone this changes everything and gives you far more freedom to make decisions for yourself, without having to involve the courts. However, these changes may still require modifications to your original divorce agreement. Some of these changes may be no big deal while some could lead to your ex not approving.
Yes, any modifications, no matter what, have to be approved by both parties before they can become official. If no agreement can be reached, the courts will make the final decision and the modification will either pass or be turned down. During this court hearing, both sides can explain why they are for or against the requested changes.
Most Common Modifications
There are agreements made between former couples that sometimes are not added to the original documents. These agreements were usually discussed in person and both parties agreed to the change without a need to notify the courts or their attorneys. However, that is never recommended because that means there is no legal documentation of the change and why it was made. If you want to make changes to your agreement, do it on paper, even if your ex agrees to it. These are the areas that are most commonly changed:
- Property: In some cases the person who gets the house decided to sell it and take the money. This would change the agreement if both parties still have ownership rights to the property or any other responsibilities. The property may include real estate or anything else listed in the documentation.
- Spousal support: In most situations, leaving the state would not lead to a change in spousal support. However, if the change includes a request to increase or decrease the amount paid out, that would require a modification that is overseen by the courts.
- Business: A lot of married couples share a business and when a divorce occurs, division of the business, if any, is up to the former couple. If you want to leave the state this may require a forfeit of ownership in the business or create other changes to the original agreement.
- Residency status: If you get tax breaks, insurance, benefits or anything else based on your Arizona residency, or because of your ex’s residency, leaving the state may disqualify you from those benefits. This is a great topic to discuss with your attorney and is often overlooked.
Each state has different rules, regulations and even payouts. These are things you need to research before deciding whether or not to move. Spousal support usually becomes the biggest issue here as most other assets are decided on at the time of the divorce.
Attorney Tips
Get it in writing and make sure the agreements are official. It does not matter how big or small the change is, if it makes it different from what the original agreement says, you get it updated. Modifications are done every day and no matter how little they may seem, getting them in writing is always the smart move.
If you are considering moving out of state and that move will have an impact on your divorce agreement, you need to discuss matters with your attorney before you get the ball rolling. There may be issues that will completely prevent the move or it may be a great option for you and knowing you have complete legal freedom will help you get moving faster.