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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


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.

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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. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

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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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