Can a spouse leave the state during a legal separation?

Asked about 1 year ago - Rome, NY

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. Paul Karl Siepmann

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  3. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes.

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

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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