While you are getting divorced, it is natural to want as much separation from your soon-to-be-ex-spouse as possible. According to a professional divorce attorney in Orange County, tensions may be running high, and living in the same place may make it difficult to remain professional during divorce hearings and negotiations. A move away may be the best solution for every person.
However, moving during your split can add some legal complications to the proceedings. Here is what you need to know about moving while you are getting divorced, how it may have an effect on you, and the ways to keep things simply during the process.
Why moving during divorce cause problems
Changing your residence during a divorce or separation can have an effect on you in three different ways. It will necessitate additional administrative work to keep court documents precise, it could have an effect on the division of assets, and it may complicate child custody proceedings.
On the administrative side, a move necessitates you to update your address on all documents involved in your split. This can be time-consuming and annoying, but it is essential if you would like to stay on top of critical legal updates on your split.
More seriously, moves impact asset division in a variety of ways. If you move out of shared home, your spouse can use this to argue that they should get the property. A professional for family law attorney in Orange Countysuggests that even though California law protects your right to 50% of all marital assets, however, it does not state how couples much accomplish that split. Moving out can make it more challenging if you would like to keep the house.
In the same way, if you have children with your spouse, you may find it difficult to move before you have sorted out custody decisions. If you leave them with your spouse, you may struggle if you would like to fight for sole custody. However, if you take the children without the permission of your spouse, you risk legal action.
The ways to make moving simpler at the time of getting divorced
Moving at the time of getting divorced can be done, but it takes some planning.
- Pay for your move with your sole property – If you purchase a new home or hire movers to transfer things to your new place, use funds that are not part of your marital assets. This will keep your new place and everything you spend on the move from being considered during your split.
- Write a postnuptial agreement – If you and your spouse can still work together, writing a postnuptial agreement covering things involved in your move will help keep your divorce running smoothly, you can cover details such as whether your home should be sold in the divorce and how personal property such as furniture should be divided. This lets you deal with the property concerns for your move before the divorce is finalized.
- Get a temporary custody agreement – If you would like to take your kids with you, it is worthwhile to pursue a temporary custody plan prior to the rest of your split is finalized. Even if it is not identical to what your final agreement looks like, having one is crucial to keep away from the risk of legal charges.
Even though divorce represents a difficult phase in the lives of about 50% of married individuals, some people get through the grieving process fairly quickly. This remains true for the ones who have wealth and for the ones who have modest means.
Life will improve
The phases of acceptance, adjustment and healing after divorce often begin to manifest after just a few months. Acceptance allows a sense of calm to return daily life. Adjustment often finds a divorced person looking forward to new possibilities and perhaps considering a new relationship.
The healing process takes time and people move forward with different levels of speed. Some people find value in journaling, spending more time with a pet or even getting into gardening. If you are also looking for the best advice for a smooth divorce process, Sunita Sood is the best San Bernardino divorce attorney to get in touch with. Contact The Law Offices of Sood and Sood today!