Can I Move to Another County or City Before Filing for Divorce?

At the Law Office of Bryan Fagan, PLLC, we frequently assist clients grappling with questions about divorce planning, such as, “Can I move to another city before filing for divorce?” or, “Can I file for divorce in a different county than I live in?” In times of marital strife, one or both spouses may consider leaving the marital home to alleviate tension or to contemplate the next steps in the divorce process. This decision often prompts inquiries about managing living arrangements during divorce preparation.

Moving before filing for divorce or filing in a different county can have legal implications, and understanding the process is essential. Before relocating, individuals should consider factors such as jurisdictional requirements, residency laws, and how it may impact custody arrangements. Seeking guidance from experienced divorce attorneys can provide clarity and ensure individuals make informed decisions during this challenging time.

As with most decisions made during divorce proceedings, it is essential to carefully weigh the consequences of moving out of the marital residence. There are both advantages and disadvantages to leaving your marital home before or during the divorce process.

Moving out involves considering:

1. Financial Implications

One of the fundamental financial concerns for a spouse considering a move is what happens to their interest in the marital home. In Texas, a community property state, any property acquired during the marriage is typically considered community property, regardless of who is named on the deed or who contributed to down payments or property improvements. This means that your financial stake in the marital residence remains intact, even if you move out. Furthermore, if you were primarily responsible for household expenses, the court may issue temporary orders requiring you to continue covering these costs throughout the divorce process. Consequently, you may find yourself responsible for bills at both your new residence and the marital home.

2. Child Custody Considerations

For most divorcing couples, the well-being of their children takes precedence over property concerns. If a spouse chooses to leave the marital home and leave their children with the other spouse, a court may grant the remaining spouse the right to determine the primary residence of the children. This can result in reduced time with your children and potential child support obligations.

3. Visitation

The distance between your new location and the marital home can impact the court-ordered visitation schedule. If the move is within a short distance, it may not be a significant issue. However, if the relocation involves a substantial distance, the court may limit the moving parent’s visitation rights, often allowing only one weekend per month with the children. Additionally, the suitability of your new residence for accommodating your children can also influence the court’s decision on visitation arrangements.

4. Negotiations and Mediation

When one spouse needs to leave the marital home, it is advisable to reach an agreement with the other spouse, preferably after filing for divorce. This allows the attorneys involved to formalize the agreement into a court order, which is enforceable by contempt. Violating such an order can lead to legal consequences, including fines and attorney’s fees. Having a court-approved agreement can help maintain civility during the divorce process. 


Navigating the complexities of divorce planning requires careful consideration of factors like relocation and jurisdictional requirements. While contemplating a move before filing for divorce or filing in a different county may seem like a practical solution during tumultuous times, it’s crucial to understand the legal implications involved. Seeking guidance from knowledgeable divorce attorneys, like those at the Law Office of Bryan Fagan, PLLC, can provide individuals with the clarity and support needed to make informed decisions about their living arrangements and divorce process. With the right guidance, individuals can navigate this challenging period with confidence and ensure their rights and interests are protected throughout the divorce proceedings.

The attorneys at the Law Office of Bryan Fagan, PLLC specialize in family law and divorce cases across southeastern Texas. We encourage you to reach out to our office to explore how our legal expertise and courtroom experience can provide valuable support during this challenging period in your and your family’s lives.

Other Articles you may be interested in:

  1. The Dirty Trick of Filing for Divorce in Another City
  2. The Dirty Trick of Moving Out of State with the Kids
  3. Should I move out of the marital home during a divorce?
  4. Do I have to move out of the marital home during a divorce in Spring, Texas?
  5. Children’s Passports and International Travel after Texas Divorce
  6. Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
  7. Geographic Restrictions in Child Visitation Orders in Texas
  8. Common Law Marriage and Texas Divorce Guide
  9. How to get a Common Law Divorce in Spring, Texas
  10. 6 things You Need to Know Before You File for Divorce in Texas

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with at Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Categories: Divorce

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