What would happen if a spouse leaves the state without filing for a disolution?

My husband of 1 year, moved out 3 months ago. Now he tells me he is moving out of state in about 5 months. What happens if he does not file for a dissolution and leaves the state?

Asked on November 27, 2011 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I'm not exactly sure what you getting at here. People, married or not, have the right to freely relocate. If you are thinking about filing for a divorce, you can do so as long as you have residency in the state that you are filing in (I assume that to be your current state). If your husband is thinking of filing, then he will need to establish residency in his new state (typically 6 -12 months). Until that time, if he wants to file he will have to file in the former state of his residence or where you, his spouse, resides (in this case that would be the same state).

If you have any further questions, it would be a good time to consult directly with a divorce attorney in your area. Even if no divorce is now being contemplated, you should go over your rights and responsibilities regarding debts, assets, etc. since you and your husband will no longer be living together.

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