We are starting a separation process, as a good will action, I informed my ex partner that I was going on a 2 week vacation for myself overseas. She mentioned today that she has sent the passport to the sherif’s office and that I was not aloud to travel. Is that even possible, is there something I can do because she took my passport without my consent. I called the sheriffs office and they said that they have nothing. If she is hiding the passport what can I do? Is there any legal reasoning that someone could prevent me from traveling. Nothing has been filed yet.
You can apply for a replacement passport if she won't produce it. She can deny she did anything with the passport. Use the Find a Lawyer tab and retain a local family law attorney represent you in the separation, that will probably become a divorce. Start it properly with an attorney representing you.
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It sounds as though you may need to put a few important matters in order, before you go on a trip. Such as, what or who is to safeguard all your other personal property, not to mention your 'half' of of marital property, while you would be out of the country for 2 weeks? If she is engaging in that type of behavior now, do you think that will improve or get worse over time and in your absence? You may consider delaying your trip until a legal separation or divorce is complete (yes, that may take a while), unless you feel confident in your arrangements.
The passport is not owned by you; it belongs to the U.S. Department of State. I suggest you tell your wife that. It would be a federal offense for someone to take it and you could report it's theft and name her as the person who took it. That fact may resolve that issue quickly.
Best of luck to you.
This answer by Attorney Martin is for general purposes only and does not establish an attorney-client relationship.
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