At the Law Office of Bryan Fagan, PLLC, we assist clients with key divorce planning questions like, “Can I file for divorce in another county?” and “Can I move to another city before filing?” When facing marital challenges, one or both spouses often decide to leave the marital home to reduce tension or reflect on their options. This choice brings up important concerns about handling living arrangements as they prepare for divorce.
Moving before filing for divorce or filing in a different county can have legal implications, and understanding the process is essential. Before relocating, individuals should consider factors such as jurisdictional requirements, residency laws, and how it may impact custody arrangements. Seeking guidance from experienced divorce attorneys can provide clarity and ensure individuals make informed decisions during this challenging time.
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.
Conclusion
Planning for divorce involves navigating various complexities, including relocation and jurisdictional rules. Many clients ask, “Can I file for divorce in another county?” Although moving before filing for divorce or choosing a different county may seem like sensible options during tough times, it’s crucial to understand the potential legal consequences. Consulting with knowledgeable divorce attorneys at the Law Office of Bryan Fagan, PLLC, can provide the clarity and support necessary for making informed choices regarding living arrangements and the divorce process. With expert guidance, individuals can confidently manage this challenging phase and ensure their rights and interests remain protected.
At the Law Office of Bryan Fagan, PLLC, our attorneys focus on family law and divorce cases across southeastern Texas. We encourage you to contact our office to discover how our legal expertise and courtroom experience can assist you during this difficult time for you and your family.
Other Articles you may be interested in:
- On the Move After Your Texas Divorce? Be Sure to Read This Blog Post First
- Should I Move Out of the Marital Home During a Divorce?
- Divorce Dilemma: Can Your Spouse Legally Remove Property?
- Do I have to move out of the marital home during a divorce in Spring, Texas?
- Children’s Passports and International Travel after Texas Divorce
- Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
- Geographic Restrictions in Child Visitation Orders in Texas
- Common Law Marriage and Texas Divorce Guide
- How to get a Common Law Divorce in Spring, Texas
- 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 at 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.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
