Can I Travel Abroad During A Divorce?
Part of getting divorced is to start a new life, away from all the bad memories and hurt.
It is normal to want to take a well-deserved break and travel to a faraway foreign land amid the chaos. for individuals going through a divorce, the prospect of international travel may raise a host of questions and concerns.
Can you travel abroad during a divorce? What are the potential legal implications? How might it impact the divorce proceedings? In this article, we will delve into these important questions and provide insights into navigating international travel while going through a divorce. Whether you are considering a vacation or have urgent matters to attend to overseas, understanding the potential implications and taking necessary precautions is crucial to ensure a smooth and trouble-free journey.
Can you Travel Abroad during a Divorce?
If you plan to travel abroad while in the middle of a divorce, you can easily do so as long as you have a valid passport. You can also fly internationally a few days before your next scheduled court hearing and ask your lawyer to request the court for a new date by providing a valid reason. “Make sure your attorney is comfortable with electronic communication if they need to run anything by you while you are gone,” note divorce attorneys at Fernandez & Karney, “Also, make sure your attorney has a good idea of what you want in court.
They may have to make last-minute changes to orders in court and you will be best served with an attorney who knows what you will be OK with.” You are advised not to miss any important court dates, as doing so could steer the case in the other party’s favor.
Since you are not traveling with children, you may leave the United States anytime while the divorce case is still open. However, you must make yourself available to your spouse in case any document needs to be signed or run by you.
You can agree with your spouse that all document-related tasks will be conducted through email. Moreover, you can ask your lawyer to request the court to grant you the possibility of appearing in court by telephone, except for the very important ones.
You can continue your divorce proceedings without appearing in court, provided your spouse agrees and stipulates all the divorce terms without any arguments. If your case is more complex or has highly contentious issues, consider postponing your travel plans or hiring a reputable divorce lawyer who can make virtually all court appearances on your behalf without you being physically present.
However, before embarking on your travel plans, there are several things you need to do to avoid any legal complications later on.
What to do Before Traveling Abroad during a Divorce?
Before hopping on the plane for your trip abroad without the children, be sure to consider the following things.
- Complete any case claims. Study your state’s divorce laws and see if international travel is allowed. Understand that traveling without permission and informing the court can potentially be used against you, making it drastically more difficult to achieve the desired outcome for your divorce.
- Check the custody plan. Certain custody documents state that you must sign a permit, while others don’t have such a requirement. Carefully read the fine print.
- Share your plan and other important information with the other parent. Although it’s your trip, and you shouldn’t be liable to disclose all the details, it is still important to stay in contact with your ex-spouse to handle any document during the divorce process.
- Hire an experienced divorce attorney. If you are unsure or overwhelmed by any aspect of the divorce proceedings, consult a divorce lawyer who will help you save a ton of stress and money in the long run.
Traveling Abroad during a Divorce with Children Involved
If you want to travel abroad with children involved, your case will be far more complicated. Depending on where you live, your lawyer will be able to assess the situation better and guide you accordingly. Children are generally not allowed to leave the country unless their spouse agrees or the court grants permission. Failure to comply with court-ordered restrictions during a divorce can lead to heavy fines or even jail time.
In addition to considering the legal implication of traveling abroad with your children, it is important to factor in the emotional implications. Both parents should discuss and decide on the important aspects of the proposed trip in advance. This will ensure that all parties are informed about what’s happening and offer information about how the trip will impact the children. It is also crucial to decide who will care for the children during this time and whether extra support from friends or family will be required.
Lastly, consider the financial implications of the travel during the divorce process. Travel costs can be hard to predict and may affect the proceedings in the future. For instance, one parent may claim that they are being treated unjustly by allowing the other party to travel during the divorce. Prioritize the health and well-being of your children above all else.
Keep a Record of all your Documents and Receipts
Even if you have successfully started your travel abroad during a divorce, you should always be prepared if things go south later. In case of future disputes, you must always keep a record of the flight tickets, accommodation receipts, car rental documents, and any other papers that prove your trip and what was included in the plan.
Get Professional Advice from an Experienced Divorce Lawyer
Understanding the legal, financial, and emotional implications of traveling abroad during a divorce is crucial, especially if you have children. An experienced divorce or family law attorney can help you understand the law related to foreign travel and guide you regarding what to do to avoid serious repercussions. Moreover, if your spouse is giving you a hard time traveling abroad, a divorce lawyer can assist with your situation.
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