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Can a spouse leave the state during a legal separation?

Rome, NY |
Filed under: Divorce

my spouse informed me last night that he is planning on leaving the state after he is done with his residency. we are not separated yet but I am planning on being served anyday. can he leave the state while legally separated?

Attorney Answers 3


  1. If you have an actual separation agreement, then no one can depart if the agreement prohibits relocation. If not, Americans have a right to travel. If there is no divorce action filed, again teavel is allowed.

    Good luck.


  2. Absent a Court Order, he's free to do what he wants.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  3. Yes.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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