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Can a spouse leave the state during a legal separation?

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?

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Attorney answers 3

Posted

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.

Posted

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

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Posted

Yes.

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