A study highlighted by Psychology Today suggests that divorcing spouses reach a “low point in life satisfaction” about one year after their marriages officially end. The study showed that after this low point, divorcees tend to experience increasing levels of happiness with each passing year. During these subsequent years, many spouses start fresh with new careers, new relationships, and new homes. Moving out of state during a divorce may be a priority for many people in Tennessee, and it is a perfectly valid goal. However, spouses should be aware of the legal implications of this move. Depending on the nature of the move, this life change could affect child custody, property division, and financial realities. To learn more about the implications of moving out of state during a divorce, consider speaking with an experienced family law attorney in Tennessee. Continue this conversation by contacting King Law Offices at (888) 748-5464. Our offices are conveniently located in Johnson City, Washington County.
Avoid Taking Your Children Across State Lines
Parents who consider moving out of state during divorce often want to bring their children. This is only natural, and it may be possible to gain primary legal custody before moving to a different state. However, parents should avoid taking their children across state lines before resolving their divorces. Even after the divorce becomes final, custody agreements may enforce strict restrictions on traveling out of state with the children. Both authorities and parents are concerned about potential kidnapping incidents, and parents should obtain clear permission before out-of-state vacations. Even a brief foray into a neighboring state could lead to criminal kidnapping charges.
Parents who wish to move out of state and bring their children must convince the family courts that this relocation serves the best interests of the children. This is not always easy, especially since courts strive to limit stress for children while stabilizing their environments post-divorce. In order to prove that this relocation serves their best interests, parents may need to highlight better educational opportunities, increased safety, more reliable housing, and other factors in the new state. A consultation with a Tennessee family law firm like King Law Offices may provide more information about best-interest factors.
Do You Have to Return to Tennessee if You Move Out of State During Divorce?
If spouses move out of state during a divorce, they might need to travel back to Tennessee. This is because the divorce process may involve various hearings and court dates. The Circuit Court Clerk of Nashville states that spouses should file their divorce papers in the county where at least one party lives. The Circuit Court Clerk also states that if one spouse moves out of state, the remaining spouse can file the divorce papers in the Tennessee county where they reside.
In some situations, spouses may be able to resolve most of their divorce disputes through alternative dispute resolution (ADR). Examples of ADR include mediation, collaborative divorce, and arbitration. A spouse living in another state may be able to negotiate through video conferencing technology instead of physically traveling back to Tennessee. If the parties are able to draft a divorce agreement via these virtual negotiations, travel obligations may be relatively minimal. That said, in-person negotiations offer various benefits – and spouses may still need to attend in-person court hearings.
The Property Division Implications of Moving Away
Spouses who decide to move away should consider the potential property division implications. A spouse who leaves the family home may find it challenging to maintain ownership of the property after the divorce. This is especially true if the spouses share children. Family courts generally attempt to keep children in stable environments during divorce, and they may be reluctant to forcibly remove young ones from the family home. As a result, the spouse who remains in the family home with the children could have an advantage during property division.
Because of these factors, spouses may want to discuss their unique situations with family law attorneys before moving out. In some cases, it may be possible to remain in the family home throughout the divorce due to the lack of a mandatory separation period in Tennessee.
The Child Custody Benefits of Remaining in Tennessee
If the children already attend school in Tennessee, parents may want to consider remaining in the state. Those who move away may experience little parenting time, as the logistics may be too difficult for the children. In fact, parents might want to remain in the same general neighborhood of the school to maximize time with their children. Those who relocate to distant areas may only see their children on the weekend or during summer break. Education is one of the many “best-interest factors” courts consider when making decisions about child custody.
That said, it may be possible to convince the court that better educational options await the children in a new state. For example, the children may be currently attending a school with issues related to violence, gang activities, low graduation rates, and so on. If a parent relocates to a different state and chooses a home in the catchment area of a highly rated school, the court may actually encourage the children to move with that parent.
Discuss Moving Out of State During a Divorce With King Law Offices
Moving out of state during a divorce may affect child custody outcomes, property division, child support, and many other aspects of life. Spouses intent on moving away from Tennessee have the right to do so, as freedom of movement is something that everyone should enjoy in the United States. That said, moving out of state could be detrimental for many spouses, especially during divorce. In some situations, it may make more sense to wait until the divorce becomes final before planning long-term changes. Consider discussing future plans with an experienced divorce lawyer in Tennessee, especially before taking any trips out of the state with the children. For an extended conversation on this topic, contact King Law Offices at (888) 748-5464 – or visit our offices in Johnson City, Washington County.
