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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23418
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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we are 70 & 80 years old have to live in same house cant afford

Customer Question

we are 70 & 80 years old have to live in same house can't afford separate homes no property to worry over nor assets .Have not had intimate sexual relations in 12 years.we both agree to divorce.He goes his way I go my way. How long do we have to wait for final divorce if we filed say next week? Being & since we both want divorce?
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello,
.
In order to be able to get a divorce, one party has to file a petition for divorce and then have the other party served. The other party then has 30 days to file a response. When the court receives the response, they will then require a scheduling conference where any contested issues (if there are any) will be discussed. Then there is a discovery period before a "pendente light" hearing is held. If a settlement agreement has been agreed to this can be sumitted at that point with a request for a final divorce decree to be entered.
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Basically from start to finish if the petition was filed tomorrow, you would be looking at about 3-4 months depending on how busy the court was.
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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Barrister, Attorney
Category: Legal
Satisfied Customers: 23418
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 17 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Can we go to court house together & file since both of us want this?We were told we could and wouldn't need a lawyer as we have no problem over this.

Expert:  Barrister replied 2 years ago.
Yes, but here is the problem....Under MD law you have to meet one of the specific grounds in order to be able to obtain a divorce. They are:
.

Maryland Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Voluntary separation without interruption or cohabitation for 1 year
(2) Spouses lived separate and apart without interruption for 2 years

Grounds for a Fault based divorce:
(1) Adultery
(2) deliberate desertion for 12 months with no chance for reconciliation;
(3) confinement for incurable insanity of at least 3 years
(4) conviction of a felony/misdemeanor with at a 3-year minium (1 year already served) sentence
(5) cruelty
(6) vicious conduct

(Maryland Code - Family Law Chapter - Section: 7-103)
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So you would have to allege one of these grounds in order to be eligible. If you are still living togther and there has been no misconduct or cruelty, it may be difficult to meet any ground except "desertion".
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“The statutory term ‘desertion,’ as applied to husband and wife, means a cessation of the marital relation. And this doctrine is in accord with the general principles of the divorce law. We have seen that there may be a desertion although the parties live under the same roof. Desertion implies something more than merely ceasing to cohabit or live together; for, as applied to husband and wife, it means the ceasing to live together as husband and wife.” – Maryland Court of Appeals citing Divorce and Separation, by Nelson, in Fleegle v. Fleegle, 136 Md. 630, 634 (Md. 1920).
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

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