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Question

My husband and I argue everynight- we have been married for 34 years. I want a separation. How do I start to get him to leave the house and file for separation papers?

Submitted: 477 days and 14 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Annapolis, Maryland

Already Tried:
Discussing situation Going to a tax advisor Asking him to sleep in separate bedroom

Posted by Dave Kennett 477 days and 14 hours ago.

Answer

Dear XXXXXXXX - While you are permitted to represent yourself in domestic relations court I would strongly suggest that you seek an attorney to assist you in this matter. A 34 year marriage is long term and there will be many issues of property involved that you may overlook if you try to do this pro se.

If you want to try it by yourself you should file a complaint for divorce and make a motion for exclusive use of the premises. Your husband will, of course, have the opportunity to respond to your complaint and the court will set the matter for a hearing. If there is violence involved you can also ask the court for a restraining order of protection.

Many courts have forms available for pro se litigants so you should contact the clerk of courts in your area and ask if they have any forms. If not you would have to prepare your own complaint and other documents such as affidavits of income and expenses and child custody if there are any minor children of the marriage.

As you can see, this can get complicated and that is why I urge you to seek legal counsel.

David Kennett - JD - Attorney at Law

477 days and 14 hours ago.

Reply

How do I ask him to vacate the premises?
How do I protect My retirement fund? He has drained his? How do I find a lawyer in the Annapolis area? He still wants to sleep in my bed- claiming it is still HIS bedroom-- I want him OUT!!!!

Posted by Dave Kennett 477 days and 14 hours ago.

Answer

As I said, you would need to get a court order. Until then you have equal access to the marital residence. You can try to seek a protection order but you would have to show violence has occurred. I have attached the website for the Maryland State Bar Association. You can contact them for a referral in your area since we are not permitted to recommend individual lawyers.

Dave Kennett

http://www.msba.org/

477 days and 14 hours ago.

Reply

Reply to Dave Kennett's Post: Can you recommend a lawyer in the Annapolis Area?
How can I get my husband to vacate the house?
How can I start separatation proceedings? - He just doesn't get it-- he thinks that "everything
is fine"

Accepted Answer

Unless you seek court action I'm afraid there's nothing you can do to make him move or do anything else against his wishes.

Dave Kennett

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Expert: Dave Kennett
Pos. Feedback: 99.5 %
Accepts: 
Answered: 7/31/2008

Lawyer (JD)

25 years experience in general law, including real estate, criminal, traffic, and domestic relations

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