With more than 15 years experience as a divorce attorney in Indiana, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, offers information about moving after a divorce.
Job losses during this economic recession have forced many people to relocate in order to downsize their residences or to pursue new job opportunities. A move may also occur following a divorce, especially if one of the former spouses had temporary living arrangements while the sale of the marital home was pending. People may also relocate when a new relationships leads to cohabitation or remarriage.
Divorce and relocation are two of the most stressful changes in an adult’s life. Numerous details and tasks must be managed and completed. When children are involved, the focus is usually whether the change will affect their friends or which school they attend. But how many parents are aware that their move may violate state statute? Under Indiana Code 31-17-2.2, a relocating individual must file notice of their intent to move with the clerk of the court that issued a custody or parenting time order. This requirement applies regardless of whether the move is across the street, across town or to a different state and has caught many parents by surprise, especially those who divorced prior to the adoption of the new law.