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Divorce, separation

Discussion in 'Divorce, Separation, Annulment' started by rdepp, Jun 30, 2017.

  1. rdepp

    rdepp Law Topic Starter New Member

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    Jurisdiction:
    Maryland
    I am planning to separate from my marriage of nearly two years. We are both older adults that brought very independent lives together. We have no children and no marital assets. I have a house that I purchased over 16 years ago, his name is not on my home and my name is not on his home. We have separate financial accounts, including checking, savings and retirement. He waived his rights to my pension and 401k. We both have grown children and agreed that our respective children would be sole beneficiaries in the event of either of our demise.

    We both sacrificed and gave up personal property when I moved in with him to make this home. I need to take my bedroom suite, living room suite and other necessities I brought when I leave. I do not want an issue with my possessions, because I will need them to resume my life moving forward.

    I know Maryland requires a one-year separation before a dissolution of marriage, and I am working on the logistics to move out. Regrettably, I have rented my home and have to wait until July 15th to confirm their renewal of a two-years lease or vacate on September 15th. I have also applied and been approved to rent a condo in the event my tenant agrees to stay. My dilemma is we broached the conversation and he wants me to move out immediately, which I logistically cannot do at least until I hear from my tenant plans. I only want to move once to begin healing from this situation.

    My preference is to move to the condo near my family for moral and emotional support. However, it would be more economical to move back to my house after September 15th. He is telling me to move in with my mother or daughter with smaller arrangements. Doing so would cause me so much more distress and I can only afford to move my things once.

    Does he have any position to force me out of the home we share now, and/or contest my leaving him. I am quite overwhelmed, exhausted and unhappy with this marriage, and the unforeseen challenges to my life. Neither of us our fully happy but we are cordial despite some mental and emotional stress. Please advise how I can proceed with any further drama. Thank you
     
  2. zddoodah

    zddoodah Well-Known Member

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    I'm not sure what "contest my leaving him" might mean. Are you asking if he can legally compel you not to leave? As far as "forc[ing] [you] out . . . now," he has no legal ability to exclude you from the marital home in the absence of a court order (even though his name is on title from before the marriage), and any order he might obtain would give you sufficient time to move.
     
  3. rdepp

    rdepp Law Topic Starter New Member

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    Thank you. That was what I thought but because I want to end the marriage would he be able to contest the divorce for any reason? Again, there are no joined assets. Thank you.
     
  4. zddoodah

    zddoodah Well-Known Member

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    If you initiate an action for absolute divorce, you will have to allege one of these grounds: (1) adultery; (2) desertion; (3) 12-month separation; (4) cruelty of treatment; (5) excessively vicious conduct; (6) mutual consent; (7) criminal conviction; or (8) insanity. Take a look at this article.

    Obviously, if you were to seek an absolute divorce on the ground of adultery, your husband could contest your allegation of adultery. Same with several of the other options. Obviously, "contest[ing] the divorce" wouldn't happen if you go the mutual consent route and shouldn't happen if you go the 12-month separation route (unless you jump the gun on the 12 month period). However, your husband could contest your claim that there are no marital assets or, if you seek alimony, he could contest that. Since you have no children together, there's nothing to contest with respect to custody, etc.
     
  5. rdepp

    rdepp Law Topic Starter New Member

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    Thank you very much, this is helping, and I do understand that he could potentially contest anything out of shear resentment and anger. Again, no real assets have been acquired during the marriage unless he wants to take on my individual mortgages and student loans. Should he choose to stoop to that level we both would have to obtain a lawyer, correct?

    Also, is it necessary to file in county court for the 12-month separation, or could I just record the date I move out as proof to file for the divorce 12 months later? Regrettably, I was unable to open the hyperlink to the article you provided.
     
  6. army judge

    army judge Super Moderator

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    You don't have to obtain your divorce in MD.

    You can get a LEGAL divorce in AL or WA without being a resident, other states require from 60 to 90 days to satisfy residency, other countries have no such residency requirement.

    Divorce Residency FAQ's - FindLaw
     
  7. rdepp

    rdepp Law Topic Starter New Member

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    That seems very complicated and stressful, and potentially expensive.
     
  8. army judge

    army judge Super Moderator

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    Expensive, a relative term, madam.

    That all depends on how soon you want to be divorced.

    If you can bear the pain, none of my business, madam.

    That said, so far, it's cost you nothing.
     
  9. rdepp

    rdepp Law Topic Starter New Member

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    What is the process for filing a divorce in a non-residential state?
     
  10. zddoodah

    zddoodah Well-Known Member

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    If the two of you are in agreement on everything, you could jointly retain a single attorney to handle the document preparation to ensure everything is done correctly. If you become adverse, then retaining separate counsel would be advisable.

    Are you asking if a court filing is necessary to start the 12 month clock? If so, I doubt it (but I'm not in MD). You can find the article to which I linked by googling "maryland divorce grounds." The article to which I linked was the second one that came up, but I'm sure there are numerous articles that contain roughly the same information.

    That's not correct. There is no requirement in Washington that the petitioner have been a resident for any particular period of time before filing for divorce, but (putting aside exceptions for members of the armed forces stationed in WA) the petitioner (or respondent) must be a resident of Washington at the time the divorce is filed. See RCW 26.09.030.

    Similarly, in Alabama, if the defendant (non-filing party) is a nonresident, the other party to the marriage must have been a "bona fide resident" of Alabama for at least six months prior to the filing of the complaint. See Ala. Code section 30-2-5 (you'll have to follow some links to get the cited section).

    The "process for filing" won't change.
     

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