How California Divorce Works Across State Lines

Friday, July 13th, 2018
Categories: Blog, Filing for Divorce

When you get divorced in Los Angeles, California, laws regarding property division, the establishment of a child support, child custody order, and all other divorce processes are applied to your case. It is possible to divorce your spouse if he or she lives in another state, although it’s best to do so with the help of a Playa Vista divorce lawyer. In many cases where the spouses live in two different states, the couple can choose where they want to file for their divorce, provided both partners meet their state’s residency requirement. After your divorce is finalized, either spouse moving to another state can potentially require the couple to modify one or more of their original divorce orders.

What to Do if your Spouse Lives in Another State

In order for a couple to get divorced in California, at least one of the spouses must have lived in the state for 180 days or longer. If you recently moved to California, your spouse might have to file for divorce in the state where he or she currently lives or you might have to wait until you have lived here at least six months to file for divorce.

State laws govern how the court determines your divorce orders. In California, marital property is divided according to the doctrine of community property. In many other states, it is divided by using the equitable distribution method. If you have the option to file for divorce in two different states, familiarize yourself with the differences between these division doctrines and other procedural differences to determine where you should file for your divorce.

Paying Alimony to a Former Partner Who Lives Outside California

If you are required to pay alimony to a former spouse and he or she leaves California, you are still required to pay according to your alimony order. Failure to do so can result in wage garnishment and other penalties.

How Child Custody Works when One Parent Leaves California

When one parent wants to leave California with his or her child, he or she must provide the child’s other parent with written notice of the move at least 45 days prior to actually moving. In that timeframe, the parents can develop a new child custody plan. If the non-moving parent objects to the move and altered custody plan, he or she may object to the move. When this happens, the non-moving parent must demonstrate to the court that moving is not in the child’s best interest.

Unlike other states, there is no specific distance for moves that require parents to obtain consent from their former partners. In California, any move far enough to necessitate a change to a child custody order must be approved by the child’s other parent.

Work with an Experienced Playa Vista Divorce Lawyer

When your spouse leaves California after your divorce, staying current with your divorce orders can become more difficult. To ensure that you and your former partner do not violate California laws or any other state’s laws, work with a Playa Vista divorce lawyer who has specific experience handling interstate divorces. Contact the Law Offices of Evan Braunstein to schedule your free consultation in our office.