If you get divorced and you don’t have any children, then you can move whenever you want. There are no restrictions. You certainly don’t have to stay in the same area as your ex.
If you do have children, however, that’s when things can get complicated. Both you and your ex may be given shared custody. If you then want to move and take the children with you, that could make it impossible for your ex to see them in accordance with the custody order. Since this could be seen as a violation of that order and your ex’s rights, you may need to seek an official modification in order to be able to move. For this, you may need a good faith reason.
Examples of potential reasons
The good faith reason is needed because it shows that your desire to move is genuine and valid. It has nothing to do with preventing your ex from seeing the children. You really believe that the move is the best option in your life and perhaps in your children’s lives. Examples of reasons that people sometimes give include:
- Furthering your education or returning to school
- Seeking more affordable housing or a better standard of living
- Moving to live next to extended family members who can help with the child
- Moving in order to take a better paying job that has been offered in a different location
Once you present these reasons to move, then the court will determine how the modification needs to be made. This can be very complicated since geographical differences are going to make it harder to share custody. Both you and your ex are going to need to know about all of the proper legal steps to take.