Filing For Divorce After Moving Out of State During a Separation in New Jersey


Filing For Divorce After Moving Out of State During a Separation in New Jersey

Woman taping box closedIf you are planning to divorce and move at the same time, you might have questions about filing for divorce after moving out of state. If you have been thinking about moving out of state before filing for divorce or you have been wondering whether you can move out of state during a divorce, the answer to this question has more to do with any children that are involved in the divorce process. New Jersey does not recognize legal separation related to divorce, which means that relocating after divorce often becomes more a question of co-parenting rights when children are involved.

Without children, the Court does not require you to remain in the state.  If you have children, the Court has jurisdiction over the children and consent from the other parent or permission from the court is required when seeking to take your child out of state.

People generally want to know how a move will impact the divorce process. Beyond the question of children involved in a divorce, other considerations when filing for divorce after moving out of state can be more complicated if you own a business or have substantial assets to divide. 

Is Moving Out of State After Filing For Divorce Allowed?

The answer to this question is yes, you can relocate out of state after filing for a divorce. However, do not expect that the venue of your case will change, even if you are the person that filed for divorce initially.  You will need to remember that filing for divorce after moving out of state can be complicated because if you are not residing in the state of New Jersey and need to appear in court for any reason, you may need to travel. Although, since COVID, many court appearances are still being conducted remotely so it may be less of a hardship for you to return to New Jersey to appear in court, should you choose to leave the state during the divorce process.

Another issue that is often overlooked related to filing for divorce after moving out of state, is the payment of bills during the divorce process. If only one of the spouses is earning an income, it can be very cost-prohibitive to choose to divorce due to the need to pay bills in the state of New Jersey until the divorce is finalized. Those expenses cannot be ignored if you choose to assume new expenses out of state.

Often when filing for divorce after moving out of state people separate and relocate outside of New Jersey, and their choice for divorcing while out of state is motivated by being sure that the separation is for the best. 

How is a Divorce Handled Long-Distance?

If the two parties involved in the divorce are amicable about the process and the case does not have to be presented before a judge, a settlement might resolve the outstanding issues concerning distribution of the assets and creating a parenting plan and addressing other issues pertaining to the children. When property or a business are part of the assets that need to be divided up, this can add some time to the divorce process, but it does not necessarily mean that you will have to be physically present during the divorce process. Filing for divorce after moving out of state doesn’t have to be a struggle.

In the state of New Jersey, you can also get a Divorce from Bed and Board. With a divorce from Bed and Board, the Court does not enter a Final Judgment of Divorce, but all of the other issues that must be addressed during a divorce are addressed but the parties remain legally married.

Working With a Skilled Divorce Lawyer is Important

If you are considering divorcing and you have relocated to another state or are planning to do so, contact our legal team at DeTorres & DeGeorge. You can count on our team DeTorres & DeGeorge to guide you in your divorce process, even if you are no longer residing in the state of New Jersey. Our team can help you to ensure a fair and equitable divorce settlement even if you have moved to another state prior to filing. We can provide you with the support you need to secure a favorable divorce settlement as you move forward with your life.

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