The divorce process is rarely easy for couples and can become even more complex when the couple has children, extensive assets, and other crucial decisions to make before the divorce becomes final. The divorce process can be further affected if one spouse wishes to move during the divorce. Understanding the impact of how moving during a divorce can affect the resulting proceedings is essential for deciding how you should proceed.
There are state-specific regulations for people looking to get divorced in Arizona. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. Although both spouses do not need to be Arizona residents at the time of the filing, the spouse submitting the Petition for Dissolution must file with their county court to prove that they are residents of the state.
The couple does not need to be living together to petition for divorce. In fact, many couples seek a legal separation first or are otherwise living independently of each other by the time they seek a divorce. In other situations, like a default divorce or cases of spousal abandonment, the spouse who is absent does not return to settle the case.
Can You Relocate During an Arizona Divorce?
Relocating during a divorce can be necessary for your comfort or safety, but it can also simply be done to avoid tension and further arguments with your spouse. Staying in a hotel or renting an apartment is a possibility for those looking to live separately from their soon-to-be-ex-spouse, but for those purchasing property, the process can be a bit more complicated.
If your spouse refuses to sign a Disclaimer Deed to the home you wish to buy during the divorce process, you will not be able to purchase a home until the divorce is finalized. A judge also lacks the authority to order your spouse to sign a Disclaimer Deed to allow you to purchase a home during the pending Arizona divorce because the Arizona legislature does not grant a trial judge that authority. In addition, if the property is purchased with shared funds, both spouses have legal rights to half of the property, and it must be divided equitably during divorce.
For cases of domestic violence, a temporary protective order can be issued by a judge to ensure that the abusive spouse does not enter the home during a separation or divorce process. For example, if a couple is divorcing because one spouse is abusive to either the other spouse or a child in the home, a restraining order can be ordered to ensure that both spouse and child are safe during the divorce proceedings. The court may also recommend the spouse and child move to a secret location where the abusive spouse is unable to find them.
How Does Relocation Affect an Arizona Divorce Case?
During divorce proceedings, any shared obligations and property must be divided between the two spouses. For obligations like the care of children, the court will assess the circumstances experienced by both parents to determine a parenting and child support agreement that suits the best interests of the child. Similarly, when one spouse wishes to relocate, or residency changes are involved, the court must assess the best interests of any children.
The most critical components of a divorce that can be affected by one or both spouses moving include the following:
Asset Division
Arizona is a community property state, meaning that any assets accumulated by a married couple during their marriage must be split equitably during a divorce. That means anything from bank accounts, real estate, and retirement accounts to shared debt must be split during a divorce. Spouses moving out and looking to purchase a new home must approach their ex-spouse to obtain a signed Disclaimer Deed for the new house to purchase the home before the divorce is final.
Support Obligations
Support orders, including both spousal support (spousal maintenance) and child support, can be changed and modified for a variety of reasons, including situations when a spouse moves to a different state. For example, some people plan on moving to a different state to avoid paying child support or spousal maintenance payments during the divorce process. In most cases, they would still be responsible for making these payments despite the change of residence.
Child Custody
Child custody is referred to as parenting time and legal decision-making rights in Arizona, and both are necessary decisions made during divorce proceedings between couples who share a child. These custody arrangements are unique to each case, and any decisions must be approved by a judge and are based on conditions presented by both parents. Depending on the type of custody arrangement, the decision to move out of state or even abroad will heavily impact the logistics of these situations.
Joint Custody
Joint custody, where both parents share parenting time and legal decision-making rights over a shared child, is typically the goal of the Arizona court system. Intended to enable both parents to remain present in their child’s life and participate actively in decisions involving the child, joint custody arrangements help give both custodial and non-custodial parents a say in the child’s upbringing.
If one parent moves out of state or abroad, the parenting time decision will be impacted by the move but must reflect the best interests of the child. For example, if a parent moves from Arizona to New York City for a job offer, the parents must create a visitation schedule that accommodates the child’s needs.
Sole Custody
Sole custody arrangements designate one parent as the sole custodial parent of a child, typically giving them sole decision-making power and parenting time. The non-custodial parent must work with the parent who has sole custody to create a visitation schedule if they wish to be in their child’s life. If the non-custodial parent moves out of state, their visitation schedule needs to reflect their ability to meet these obligations. However, if they are not willing to modify their visitation schedule, the parent with sole custody does not have any legal obligation to make an effort to arrange visitation.
Suggested Reading: Navigating Child Custody and Relocation
Can Your Spouse Prevent You From Moving If You’re Getting Divorced in AZ?
For couples with children, child custody is inevitably an important part of divorce proceedings. Parents who intend to relocate with a shared child to a location in another state or 100 miles away within the state of Arizona must notify the non-custodial parent at least 45 days in advance. If the non-custodial parent objects, they may request a review of the move by the courts within 30 days of receiving the notice. When reviewing relocation, the court will assess the following factors:
Motivation
The reasoning for the move for custodial parents is very important for a move review during a divorce case. If a custodial parent is choosing to move to another state with their children while in a joint custody agreement with their ex-spouse, they would need to provide a reason for doing so.
While moves for career stability are often viewed favorably, some motivations for a move may reflect poorly on the custodial parent. In particular, the court will assess whether the move occurred in bad faith, either to keep the child from the other parent or in an attempt to win an advantage during a child support decision.
Location
Where a parent moves, it is very important for custody decisions. If a parent is moving within a reasonable travel distance of the non-custodial parent, visitation arrangements can be easily sorted out. However, if one parent decides to move out of state or abroad, the court must determine whether the non-custodial parent’s visitation will be negatively impacted.
Parenting Relationship
If both parents agreed to a tentative custody plan to put in place during the proceedings of a divorce case, a court-ordered plan is typically very similar. However, if one parent plans on relocating for a sufficient distance to impact the relationship between the parents and the parent and their child, the court may consider addressing the relocation plans.
Impact on the Child
The primary responsibility of the Arizona Family Court, as well as both parents in the situation, is to consider the best interests of the child involved. If their custodial guardian chooses to relocate, this can severely impact the child. The court will assess whether the child’s mental or physical health will be affected by the move.
How Does a Default Divorce Work in Arizona?
In some situations, if a spouse moves and either leaves the state or becomes unreachable, the petitioner filing the divorce can request a default divorce ruling. Once the petition is submitted, Arizona State residents on the receiving end of the petition, or the respondents, have 20 days to respond to that initial petition with their initial concerns.
Out-of-state residents have 30 days to respond to initial divorce filings, using their current residency status as justification for the extra time. If a spouse relocates and cannot be found or they do not acknowledge the divorce petition, the petitioner can file for a default divorce which does not require input from the respondent to settle.
Can Moving During a Divorce Be Considered Spousal Abandonment?
Spouses who choose to move out of their marital home do not violate any criminal or civil laws by leaving the home shared during the marriage. In divorce proceedings, leaving the marital home cannot be presented to a judge as a way to punish or prove a transgression committed by the party who moved. Parenting rights, property ownership entitlements, or any other matters linked to the divorce will not be impacted by pursuing a reasonable physical distance before the divorce is final.
However, keep in mind that unless domestic violence issues you out of the home, you may be putting yourself at a parenting time disadvantage by moving out without your children. This is because you will be going from a convenient, 24/7 opportunity to parent your children to a separate residence entirely. Arizona Family Court typically assumes staying in a familiar home in the same neighborhood and/or school district is in the best interests of the children, barring domestic violence or a poor parent-child relationship. You can mitigate this disadvantage by seeking a residence nearby.
Moving During an Arizona Divorce Case – FAQs
Speak with an Experienced Arizona Divorce Lawyer
Moving out of a shared home may be necessary for some seeking a divorce, but depending on where they move, their relocation can complicate other aspects of their divorce before it is finalized. Before deciding to move, meeting with a family law attorney to discuss the ways that relocation during a divorce settlement can impact the proceedings can be a crucial step.
At The Valley Law Group, our skilled Arizona divorce attorneys can help you understand Arizona’s residency guidelines for the process, as well as how moving can impact the outcome of your divorce proceedings. For information, schedule a consultation with our team today.
*Editor’s Note: This article was originally published May 29, 2021 and has been updated May 11, 2023.
Ryan Reppucci, Founder/Director of Legal Operations of The Valley Law Group, is recognized as one of Phoenix’s leading family law attorneys. After graduating from Arizona State with the highest honors and inclusion in America’s most prestigious student honor societies, Ryan attended the University of Detroit Mercy School of Law. His career as a law student was decorated with numerous awards, including the University of Detroit Mercy School of Law Book Award, nomination for membership in Who’s Who Among Students in American Colleges and Universities, as well as Moot Court.