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Decades Of Litigation Experience

WHERE CAN I LIVE AFTER MY DIVORCE?

| Jan 26, 2021 | Firm News |

An issue which you must contemplate as you are in the process of divorce is where will you live after the action is complete. If there are no children, the answer is easy. You will have no restrictions. If you have children, the answer is not as clear cut. Both parents must have meaningful time with the children. This will require that both parties live relatively close to each other. The question then becomes how close do you have to live to each other. The general rule is twenty to thirty minutes apart—using the marital residence as a starting point. This restriction is placed on the residential parent. The non-residential parent can essentially move to wherever they want however, if they move too far, the residential parent is not required to make any special arrangements to help facilitate parenting time. Once you start moving further than twenty or thirty minutes away from each other, the issue will become how does the distance effect the access to the children. If you have to live forty-five minutes away, maybe you offer to meet half way to facilitate the exchange of the children. Or maybe you offer to drop off and pick up for all visitation.

You can also offer extra time during a specified school break. For example, you can offer an extra week of time during the summer. You should also keep in mind the effect that the greater distance may have on your children. If you are forty-five minutes away, that is forty-five minutes each way that your children will have to be in the car. That may not be in their best interests.

While finances may be a factor in the move, also remember the best interests of the children—which includes regular and meaningful time with your soon to be former spouse.