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April 18, 2024

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On behalf of The Powell Law Firm

| Divorce

Can I Move States Before My Divorce is Finalized?

When a person decides to divorce, they may want a fresh start. This may mean moving to a new city or even out of state. But is this possible during divorce proceedings, before the divorce is finalized?

Texas law addresses this and, for the most part, does not recommend that the spouses move out of the marital home until after the divorce has been finalized. This is especially true if there are children involved. Moving out of the home can affect your children as well as any plans for child custody.

Also, if you have children, the court will not allow you to take the children to another state before the divorce is finalized. That is because there is concern about kidnapping and possibly not bringing the kids back to their other parent. If you decide to move without the children, it may make you look like an irresponsible parent.

If you have children, you can move out of state, but only if both parents agree to it. Moving out of state can complicate child custody, so it should be in the child’s best interests. You may want the matter to go to court for a decision. If both parties agree, there are default parenting time schedules that you can follow, or you and the other parent can come up with one on your own.

If you are trying to move out of state without the other parent’s permission, then they can get a court order to stop you. If you continue to move anyway, this is a violation of the law, and you could face strict penalties.

If you do not have children, then you can technically move to another state before the divorce is finalized. However, without the divorce decree, you have to consider property division matters. You are still responsible for the marital home until the divorce is finalized, so you need to consider that before moving somewhere else. Can you afford double the expenses?

Also, as Texas is a community property state, you should list all your marital assets before leaving Texas. Your spouse has equal claim to all marital assets, so it is best to detail them out, so the court has an easier time splitting them.

If you have questions or concerns about moving out of state, contact your lawyer. It may be best to wait until the divorce is finalized.

Contact Our Texas Divorce Attorney Today

Divorces are complex. There are things you can and cannot do while your divorce is being finalized. You may be able to move out of the state, but is it in your best interest to do so?

Texas divorce attorney The Powell Law Firm can answer your questions about the do’s and don’ts in a divorce and ensure you are making the right decisions. Schedule a consultation with our office today by calling 832-850-6095 or filling out the online form.

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