Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Apparently for a no-fault divorce in Maryland a couple has to :
"Q. What is a "legal separation"?
A. In Maryland, whether or not a couple is separated is a question of fact. If husband and wife are not having sexual relations and are not
sleeping under the same roof (in the same residence), then they are separated. People usually use the phrase "legal separation" to mean
that they have signed a contract, called a separation agreement,
which settles all of their marital property rights, alimony claims, and
other issues-but they have not yet obtained a divorce.
Q. Is there a waiting period for a divorce in Maryland?
A. In order to obtain an absolute divorce (which is the legal term for
a "real divorce") in Maryland, unless the divorce is based on adultery
or cruelty, the parties must have been separated for at least 1 year. "
With the market being what it is I doubt we could sell the house fast enough to afford to move to new dwellings seperately for the required time frame.
What are people supposed to do who can't afford to move apart until the profits from a home sale are secured?
One remains in the house, and the one moves in with a friend, a parent, or a roommate. Or you go to a lawyer and have him draft an agreement that allows you both to remain in the same house and still be "separated". This is not a garden-variety agreement, though, so don't do it yourself.
Is a lawyer (and the expense) necessary for an agreement between 2 parties to be binding?
In this case, I'd say so. You aren't talking about some stupid little promissory note. This is a separation agreement, and your primary concern should be not so much whether it's binding, but whether the court is going to honor it as a basis for the divorce. Being legally separated while residing under the same roof is an unusual and therefore tricky situation. Only a lawyer is going to be familiar enough with the case law (i.e. how courts have dealt with such situations in the past) and on the basis of that experience, craft a contract that a court will honor.
Of course, you can always write something up, take it to the courthouse and see how it pans out. But remember this: An agreement is never binding on the court. If you want yours to be enforceable, you better make sure it complies with every applicable nuance of the law.
If one moves out ( two months), but does not change address, not move personal things - clothes, furniture,still has key, etc.. ? Are they 'separated ' ? Do I / can I 'evict' her, change locks ?
if you have a seperation agreement and you find yourself in a new relationshipo AFTER that is this considered adultery? Can someone maybe explain to me when a new relationship equals adulterey?
If one moves out ( two months), but does not change address, not move personal things - clothes, furniture,still has key, etc.. ? Are they 'separated ' ? Do I / can I 'evict' her, change locks ?
Of course, divorce is different state by state, but it is my understanding that you can not change locks or evict your spouse. You may be separated in states that dont require a 1 yr legal seperation, but until the divorce is filed and agreed upon who stays in the martial home, you cant legally kick the other out.
Quote:
if you have a seperation agreement and you find yourself in a new relationshipo AFTER that is this considered adultery? Can someone maybe explain to me when a new relationship equals adulterey?
I think most states are no fault. Adultery is grounds for divorce, but once separation occurs dating is not considered adultery. Attorneys will advise against it tho.
The situation I'm im is that I divorced my husband & needed a place for me and my 3 kids to live. With having bad credit my options were very slim. My friend & his wife were divorcing also and she had moved out three months earlier. Their MDA and affadavit had been signed when 3 days before the divorce finalized she ask the court to set aside the MDA and consider Alimony. I did take him up own his offer as a place to stay. Now they are asking all kinds of personal questions about me. He is not trying to make me move. I'm just curious if us living in his house is going to hurt him in court?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
