Embarking on a new chapter in life often requires taking bold leaps, and for individuals navigating a divorce, moving out of state might seem like the fresh start they need. But before packing up and heading for new horizons, it’s crucial to ask: Will moving out of state before divorce is final impact my case?
HOW MOVING OUT OF STATE BEFORE DIVORCE IS FINAL CAN IMPACT YOUR CASE
Moving out of state before divorce is final can potentially impact your divorce case in several ways:
- Jurisdiction and Residency Requirements
- Child Custody (Parenting Time) and Visitation
- Property Division
1. JURISDICTION AND RESIDENCY REQUIREMENTS
Relocating to a different state or county after filing a petition for dissolution of marriage does not provide grounds for a judge to dismiss your divorce case. For more information on reasons judges dismiss divorce cases, see our related articles: Why Would a Judge Dismiss a Divorce Case in Illinois | Can a Dismissed Divorce Case be Reopened in Illinois.
It is natural to wonder if moving might impact residency requirements or jurisdiction, but rest assured that as long as you initially meet the residency requirements and file in the correct county at the outset of the case, your move will not jeopardize the proceedings.
The Illinois Marriage and Dissolution of Marriage Act includes numerous rules outlining how the divorce process should proceed. Specifically, 750 ILCS 5/104 addresses which venue (location) is appropriate. It is important to note that moving while you co own real estate, or other assets, can add more complications. Check out our soon to be published article entitled, “What Happens When You Divorce and You Own a Home Together?” for more information on this specific scenario.
Remember though that you will have to appear in court when required. Many courts offer the ability to appear through zoom since the 2020 pandemic, so make sure to look into your options especially if you decide to move during court proceedings. Ignoring court orders can lead to legal concequences, so make sure you follow any order given by the judge. To learn more about the concequences of ignoring court orders check out our article entitled What Happens If You Do Not Follow a Family Court Order In Illinois?
It is also important to stay in close communication with your divorce lawyer and timely pay your attorney fees. Otherwise, clients may unfortunately discover What Happens When an Attorney Withdraws From a Divorce Case in Illinois.
The court may not allow you to move, however, if you are attempting to move with children. You may ask the court for permission to move if divorce proceedings have not been finalized. There are rules about how far you can move, but they will make special concessions if you are moving to escape an unsafe situation, or to significantly better your life, and in turn, the lives of your children.
If you move before filing for divorce then this can cause problems. Usually it takes 90 days to establish residency. Depending on where your spouse lives this could make the process harder. Judges will not be inclined to make one party travel great distances to appear in court. It may be best to wait and move after your divorce is finalized to avoid unnecessary strain.
2. PARENTING TIME AND VISITATION
If you have children and you move out of state before the divorce is finalized, it can significantly impact parenting time and visitation arrangements. Relocating to another state can raise concerns about the practicality and feasibility of visitation schedules, co-parenting, and maintaining a meaningful relationship with the non-custodial parent. Courts prioritize the best interests of the child, and any proposed relocation may require approval or modification of existing custody orders. It’s crucial to consult with your attorney and seek court permission to ensure compliance with custody and visitation arrangements.
Sometimes courts will decide that relocating children is not in their best interest. This usually happens when kids are in the middle of a school year, or are finishing up at a specific school. Courts are not inclined to remove children from a school they have been attending for several years, especially if they are in high school or middle school. For example, a judge would not want to remove a junior in high school when they have one year left and are in the process of applying to colleges. This could also affect in-state tuition at colleges.
3. PROPERTY DIVISION
Moving out of state before divorce is final can have implications for property division. Different states have different laws regarding how marital assets are divided. Seeking legal advice from a knowledgeable divorce attorney will help you navigate these complex matters and protect your rights during the property division process.
FILIING FOR DIVORCE IN ANOTHER STATE
Every state has its own residency requirements for divorce filings. These requirements typically stipulate a minimum period of residency before you can file for divorce in that state. Illinois requires you to be a resident of the state for 90 days before the courts will have jurisdiction over your case. If you haven’t met the residency requirement, you may not be eligible to file for divorce in the state of your choice. Read the soon to be published article, “Can I file for divorce in another state?”, for more information.
HOW TO PROTECT PROPERTY DIVISION DURING A DIVORCE
Protecting assets from divorce in Illinois can be complex, which is why it is important to consult a family law attorney on how to protect assets from divorce.
Our office is often asked, “Is everything split 50/50 in a divorce?”. The short answer is no. Illinois does not have a strict requirement for an automatic 50/50 division of assets in a divorce. Instead, Illinois follows the principle of equitable distribution when it comes to property division during divorce proceedings.
If you have a prenuptial or postnuptial agreement then the process could be easier if the documents and circumstances surrounding the signing of the documents comply with the law.
Conclusion: Moving Out of State Before Divorce is Final
Divorce is a complicated process and depending on when you move, it can complicate your divorce proceedings even more. Check the residency requirements for your state, or for the state you choose to relocate to, and always consult an attorney if you have questions. We understand that divorce is complicated and emotional, but good preparation and communication goes a long way.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Moving Out of State Before Divorce is Final) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about Moving Out of State Before Divorce is Final.
Published by Dustin Koth on January 19, 2024
