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Relocation in Divorce
Relocation divorce issues are a powerful and often confusing mixture of finance and emotion. Relocation issues can be most complex. We will look at:
Further along in this article we will be reviewing:
- Relocation and children of divorce
- Financial implications of divorce and relocating
- Can you be forced to move out?
The financial issues of course involve setting up two occupied and livable properties where there used to be one. There is much truth in the old saying that two can live as cheaply as one. The emotional issues involve both the abandonment by one or both parties of a place that has come over the years to be known as home. These emotions affect the children of divorce as well as the divorcing parties, and require carefully thought out decisions.
Some Cons of Relocation
The financial issues involved in relocation almost always fall into the "cons" half of this equation. If one party retains the former residence while the other leaves, the party that stays faces the challenges of solely maintaining a residence that used to have two parties keeping it functioning, while the party relocating is in effect starting a new residence from scratch. If both relocate because they wish to be near a new support system or because neither party can effectively maintain the former residence, then both are starting from scratch. All of this must be accomplished with resources that have been divided, perhaps not equally, in the divorce settlement and with former resources depleted to some extent by payments for fees and lawyers and the entire legal system that runs the divorce process.
The relationship between the two parties will be further strained by this, and it is important to a swift and equitable divorce agreement that the parties stay on the best terms possible. Continuing to live together through this time rather than one party leaving early will in effect force the two parties to stay in contact.
Unfortunately, this effect could also intensify the discord between parties that have already developed sufficient problems to seek divorce. Maybe in that case it is not so wise to delay relocation by one party. However, relocation by one party before the divorce settlement should be closely discussed with your divorce attorney. It may cause ambiguities for the court to resolve in the issue of who owns what, and could even cause the relocating part to lose reasonable access to important documents that will be needed for the divorce settlement.
A growing trend that should be carefully considered is for the parties to maintain a common residence for some period of time and under well defined rules. While the emotional aspects of the divorce must be carefully considered to determine if this will work, it is a workable option for many who cannot bear the financial burden of relocation, at least for a while longer.
Custody and Moving
Custody of the children is of course a crucial issue in the divorce process. The good news here is that relocation by one or both parties should in no way affect the decision of child custody. Still, it is wise to discuss this issue in detail with you divorce lawyer.
There is more to dealing with custody and moving than just financial issues, and that is of course the effect on the children. If a workable deal to maintain joint occupancy can be worked out, this will of course help keep both parties in contact with the children. However, if the couples simply cannot resist arguing in front of the children this benefit will be lost or perhaps even become a detriment to everyone, including the children, moving on to new lives.
The issue of maintaining a good parental atmosphere for the children is critical, and also has an effect on where a relocating party moves to. Simplistically, the further away the two parents live makes the burden on the children greater and greater. Consult our section on Children and Divorce for more detailed information.
You Cannot be Forced to Relocate
Keep in mind that these issues must be resolved in a joint manner between the parties. One party cannot legally demand that the other leave. Unless it can be shown that the continued presence of one party would result in material or emotional harm to the children, both parties have the full legal right to maintain residence until the divorce settlement takes effect.
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Last Updated: January 2010
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH AN ATTORNEY OR LAW FIRM, AND NON-INFRINGEMENT. NEITHER REY NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY LAW FIRM, INCLUDING, WITHOUT LIMITATION, ANY LAW FIRM’S ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
21. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. Entire Agreement
This agreement constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
23. Choice of Forum
Any disputes arising out or related to use of this Site, this agreement and/or the relationship between you and us shall be submitted to arbitration in Chicago, Illinois carried out in accordance with the rules of the American Arbitration Association.
24. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
25. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, this agreement and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Attorney Ethics Notice
If you are an attorney, participating in any aspect of this Site, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
The section titles in this agreement are for convenience only and have no legal or contractual effect.