Can I Move Out of Texas After Filing for Divorce? 2025

Filing for a divorce can be an emotionally taxing and complex legal process, especially if you’re considering relocating out of state while your divorce is pending. Whether you’re seeking a fresh start, moving for work, or wanting to be closer to family, you may be wondering, “Can I move out of Texas after filing for divorce?”

Texas Divorce Laws

Understanding divorce laws in Texas is crucial when determining if you can move out of state during the divorce process. Texas is a community property state, meaning that assets and liabilities acquired during the marriage are subject to division. Additionally, Texas has residency requirements and jurisdictional rules that can influence your ability to relocate.

To file a divorce in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for 90 days. Moving out of state during the divorce process could complicate jurisdictional matters, particularly if child custody issues are involved.

When you file for divorce, Texas courts obtain jurisdiction over the case, meaning the court makes final determinations regarding the division of property, child custody, child support, and spousal support. If you move out of state while the divorce is still pending, you must ensure that Texas retains jurisdiction over the proceedings to prevent unnecessary legal complications.

Considerations for Moving Out of Texas During a Divorce

Moving out of state when you’re in the process of a divorce can have significant legal implications. Some of the top considerations include:

• Child Custody: If you have children with your spouse, relocation can become particularly challenging. Texas family courts prioritize the best interest of the child when making custody rulings. In most cases, courts prefer children to maintain consistent relationships with both parents, except for cases of domestic abuse.Once a divorce is filed, either party can request temporary orders, which can restrict your ability to relocate. These orders maintain stability for the children and ensure both parents have access to them. If temporary orders prohibit you from moving out of Texas with your children, violating the order could have serious legal consequences.

  The court may approve your relocation if the reason for moving benefits the children, does not impact the child’s relationship with the other parent, and supports the child’s overall well-being.

• Property Division: Texas courts typically divide marital property based on “just and right” distribution. Moving out of state does not necessarily affect the division of assets, but it may make the process more complicated. In fact, it could delay proceedings or result in unfavorable outcomes. Moving out of Texas may also make it more difficult to attend court hearings, depositions, or settlement negotiations.Before moving out of Texas, consult a Texas family law attorney who can provide legal guidance based on your circumstances. Be sure to review all temporary orders for child custody and property division and obtain court permission before moving to ensure divorce proceedings go as smoothly as possible.

FAQs

Q: Can I Move Out of My House Before Divorce in Texas?

A: Yes, you can move out of your house before divorce in Texas, but doing so can impact custody and financial matters. If children are involved, moving without a court order may weaken your case for custody. Leaving the marital home does not absolve financial responsibilities, including mortgage payments or rent. Consult an attorney to better understand the legal implications regarding property division and child custody during divorce proceedings.

Q: How Do You Accept Divorce When You Don’t Want It?

A: Accepting an unwanted divorce can be difficult, but focusing on emotional healing and making practical adjustments to your life can help. Acknowledge your feelings and seek support from close friends and family. Contacting a therapist can also be beneficial. Over time, acceptance comes from your shifting perspective and seeing divorce as a new beginning rather than an ending. Self-care and time are key aspects of moving through this difficult time.

Q: Can I Move Out of State After Filing for Divorce in Texas?

A: You can move out of state after filing for divorce in Texas, but legal restrictions may apply, especially if you have children. If there are temporary court orders regarding custody, relocation may require the other parent’s consent or court approval. Moving without approval could impact custody decisions. If no children are involved, relocation is generally allowed but may affect property division and jurisdiction.

Q: Can You Stop a Divorce After Filing in Texas?

A: Yes, a divorce can be stopped after filing in Texas if both spouses agree to dismiss the case. If one spouse has a change of heart and the other still wants to proceed, the divorce will continue. To dismiss the case, the filing spouse must file a “notice of nonsuit” before the final divorce decree is issued. If the case has already progressed significantly, additional court approval may be required.

Contact a Divorce Lawyer Today

If you’re facing a divorce or navigating complex family law matters, securing the right representation is crucial. At Vaught Law Firm, P.C., our experienced divorce lawyers provide compassionate and strategic legal support tailored to your family’s unique situation and needs. Whether you’re dealing with child custody, property division, or other family law and divorce concerns, our legal team can guide you every step of the way.

Divorce can be emotionally and financially challenging, but our skilled attorneys can work with you to achieve a favorable and fair outcome. We know you have many questions about the process ahead and what legal rights you have, including if you can move out of Texas after filing for divorce. Our team will take the time to understand your situation and answer any questions you may have.

Contact us today to schedule a consultation with a knowledgeable divorce lawyer. We can provide clarity on your legal options and help you move forward with confidence. With our team on your side, you can rest assured that you are getting the necessary legal representation you need to navigate through your case with confidence.