Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 11/4/2006

Question
my husband and i have been separated for 5 months. he told me today that he put in his two weeks notice at work and is planning on moving to illinois. he said he got offered three jobs while he was visiting his girlfriend this past week. what i wanted to find out was can he leave the state we live in and move to another? we currently live in south carolina and i can't seem to find anything about it online. he was both mentally and physically abusive. i have said to him that he can not live with his girlfriend while we are still married. although with him moving to another state i will never know whether or not he is living with her. what information do i need to get from him other than an address and phone number so i can file next year?

Answer
Sarah,

I am sorry to hear about your abusive relationship.

Your spouse can move wherever he likes.  However, I would suggest you file for divorce in the state where you live to preserve jurisdiction close to your home.  If you have children this would be exceptionally important.

If he re-domiciles in another state, he can file for divorce in that state and you would have to travel for any hearings.  

If he moves, you will have to have him served with a copy of the complaint so it would be helpful to know his new address and phone number.  Again, I would urge you to file first in your state.

I hope this is helpful information. I wish you the best.

Very truly yours,  

Paul D. Friedman, M.A., Ph.D., J.D.