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Can I Move to Another City Before Filing for Divorce?

Can I move to another city before filing for divorce? Can I file for divorce in a different county than I live in? At the Law Office of Bryan Fagan, PLLC, we often encounter clients with these questions in divorce planning.

When couples find themselves in the midst of challenging and tumultuous times in their marriage, it is not uncommon for one or both spouses to contemplate leaving the marital home. Whether the decision to move is driven by a desire to reduce tension between spouses or to take some time apart to consider the next steps in the divorce process, many individuals seek guidance on how to handle their living arrangements when preparing for divorce. 

As with most decisions made during divorce proceedings, it is essential to carefully weigh the consequences of moving out of the marital residence. There are both advantages and disadvantages to leaving your marital home before or during the divorce process.

Moving out involves considering:

1. Financial Implications

One of the fundamental financial concerns for a spouse considering a move is what happens to their interest in the marital home. In Texas, a community property state, any property acquired during the marriage is typically considered community property, regardless of who is named on the deed or who contributed to down payments or property improvements. This means that your financial stake in the marital residence remains intact, even if you move out. Furthermore, if you were primarily responsible for household expenses, the court may issue temporary orders requiring you to continue covering these costs throughout the divorce process. Consequently, you may find yourself responsible for bills at both your new residence and the marital home.

2. Child Custody Considerations

For most divorcing couples, the well-being of their children takes precedence over property concerns. If a spouse chooses to leave the marital home and leave their children with the other spouse, a court may grant the remaining spouse the right to determine the primary residence of the children. This can result in reduced time with your children and potential child support obligations.

3. Visitation

The distance between your new location and the marital home can impact the court-ordered visitation schedule. If the move is within a short distance, it may not be a significant issue. However, if the relocation involves a substantial distance, the court may limit the moving parent’s visitation rights, often allowing only one weekend per month with the children. Additionally, the suitability of your new residence for accommodating your children can also influence the court’s decision on visitation arrangements.

4. Negotiations and Mediation

When one spouse needs to leave the marital home, it is advisable to reach an agreement with the other spouse, preferably after filing for divorce. This allows the attorneys involved to formalize the agreement into a court order, which is enforceable by contempt. Violating such an order can lead to legal consequences, including fines and attorney’s fees. Having a court-approved agreement can help maintain civility during the divorce process. 

The attorneys at the Law Office of Bryan Fagan, PLLC specialize in family law and divorce cases across southeastern Texas. We encourage you to reach out to our office to explore how our legal expertise and courtroom experience can provide valuable support during this challenging period in your and your family’s lives.

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  1. The Dirty Trick of Filing for Divorce in Another City
  2. The Dirty Trick of Moving Out of State with the Kids
  3. Should I move out of the marital home during a divorce?
  4. Do I have to move out of the marital home during a divorce in Spring, Texas?
  5. Children’s Passports and International Travel after Texas Divorce
  6. Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
  7. Geographic Restrictions in Child Visitation Orders in Texas
  8. Common Law Marriage and Texas Divorce Guide
  9. How to get a Common Law Divorce in Spring, Texas
  10. 6 things You Need to Know Before You File for Divorce in Texas

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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