When you face the stress of separation, you likely feel the understandable urge to move out of the marital home. You may want more privacy or just need physical space from your spouse. In the most critical cases, you may move out of fear for your personal safety.
Moving out of the home yourself may afford the other spouse the ability to file for a contested divorce based upon abandonment or desertion. You should also understand that moving out of state or far away within Virginia with your minor children may also present significant legal complications.
Virginia’s separation requirement
Virginia divorce rules require you to live separately and apart for a set period before you can file for a no-fault divorce. This mandated separation time is often why people want to establish separate residences. The separation can be within the same home if spouses occupy separate spaces and stop behaving as a married couple. The specific rules depend on your family’s situation:
- If you have minor children, you must live apart for a minimum of 12 continuous months, and a written agreement cannot shorten this period.
- The separation period is only six months if you have no minor children and a written agreement that resolves all issues of property, debt and support.
You must be physically separated, and at least one spouse must have the intent to make the separation permanent. Clearly establishing a separation date is crucial to moving your legal process forward.
Moving with kids creates a legal hurdle
Unilaterally relocating children far away during the separation period, without a formal custody order, creates a material change in circumstances and may prompt the other parent to file an initial custody petition, where your relocation could negatively affect the court’s final ‘best interests of the child’ determination.
A court could force you to move back to the local jurisdiction with your children; an outcome that could negatively affect your position in future custody determinations. The court assesses many factors when deciding custody. Your willingness to foster the children’s relationship with the other parent is essential.
Attempting to unilaterally relocate the children before a formal order is in place may damage the court’s view of your co-parenting efforts.
Plan any move with legal guidance
Moving out of the marital home should be discussed with legal counsel. Moving your children requires additional legal planning. You must protect both your children’s best interests and your rights as a parent. If your personal safety is a concern, moving out is often paramount.
However, consulting with an experienced attorney is vital. If children are involved, talking to a lawyer becomes even more urgent before making any long-distance moves. They can help you understand your options and ensure your choices won’t complicate your divorce or jeopardize your custody outcome.