Since he is leaving her and she has nowhere to go, does she have the right to move to another state? 2 Answers as of December 05, 2016

Husband told his stay at home wife that he is leaving her. She just had a hysterectomy no more than 2 months ago and is still recovering. They have a 5 year old daughter that she cares for full time. She has no family or friends that she can stay within the state. Basically, she would be homeless. But however, she does have family in the other state that can help her get on her feet and start a new life. No one has filed for divorce at this point. Also, he has already obtained another residence and informed her that she has 18 days to find a place to live. Help!

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
First, if she files a divorce, she can then file an emergency restraining order allowing her to stay in the house while the case is pending, get child support and get maintenance. It should also restrain him from moving around money, insurance etc. It will protect her immediate interests and pave the way for a long term division of assets. If she doesn' want to do that, she is free to leave, but a court could order her to bring the child back. She could also, in the emergency order (if she doesn't want to stay in the house) ask the court to allow her to take the child to the other state, pending resolution of the case.
Answer Applies to: Washington
Replied: 12/5/2016
Diane l. Berger | Diane L. Berger
Yes, she does.
Answer Applies to: Nebraska
Replied: 12/5/2016
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