How Does A Move Affect My Divorce OrderIn and of itself, there’s nothing about your divorce proceeding that will prevent you from moving away, unless there are children involved. Specifically, if the move you’re planning will take you to a new city or state, and you’ll be taking the child with you, you must get your spouse’s consent to make the big move. If your spouse refuses to give consent, you can apply for a Move Away Order.

This, of course, adds a few wrinkles to the equation, but there are two important points to remember about the process. First, the court is not going to deny a relocation if you can provide reasonable evidence that the move will improve the life of the child in question, and that’s typically fairly easy to do. For instance, if you get a big promotion that will substantially increase your income, it’s going to be quite difficult for your reluctant spouse to argue that this will in some way result in a worsening of your child’s welfare.

The second big point to remember is that the burden of proof falls on the non-custodial parent. That’s not so say you shouldn’t make a case for yourself and your rationale for moving – you absolutely should. At the end of the day though, it’s not up to you to prove the case that the move will improve the life of your child. It falls to your spouse to prove that the move will be detrimental in some way, to the child’s welfare. That’s key, because that’s often significantly more difficult to prove.

All that to say, don’t think you’re shackled to the same city or state until your divorce is final. If you get a once in a lifetime opportunity, there’s a process in place that can give you the all clear to make the move, even if your soon to be ex-spouse is reluctant. It does mean a bit of additional work and a few extra steps, but is completely within the realm of possibility.