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I live in the sate of Maryland. My husband and I owe a house…

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Hello! I live in the sate...
Hello!
I live in the sate of Maryland. My husband and I owe a house ans a business. However my husband can be verbally and physically abusive. I'm planning to move to Washington State and file for divorce there. Do you think it's a good idea to move away so far from the things that I owe?
Submitted: 2 years ago.Category: Family Law
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1/18/2016
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
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Hello

This is Samuel and I will discuss this and provide you information in this regard.

Is your husband in agreement with the divorce?

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

Or have you discussed this with him at all ? I am wondering if you have discussed a separation agreement?

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Customer reply replied 2 years ago
I can't discuss it with my husband because he can be very unpredictable. And in 2014 he got physical with me when I said I need to get away for a while.
That's why I want to discuss divorce with him only if I leave and the farther, the better...
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

I understand. I suggest your assets are protected. That there is no abandonment or desertion in a marriage for at least 1 year with no contact.

So you can file in Washington and the Washington state laws will apply to your marital assets, alimony, etc.

Those marital distribution of asset laws are based on what is equitable to each spouse.

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Customer reply replied 2 years ago
basically if I leave Maryland and move to Washington state I can still get what I deserve even though I walk out from my martial home and move to a different state?
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

You really should consider having a local mediator begin a separation agreement. However, even under MD law, if he were to file in MD, the desertion ground would not be established until the elements for such grounds are met.

In MD, the abandonment must continued for 12 uninterrupted months, must be deliberate and final and beyond any reasonable expectation of reconciliation.

Now, while you are leaving with no expectation to return if you file for a divorce as soon as possible, then you are not waiving your maritial asset rights. You could have a local attorney refer you to a Washington attorney and in the meantime while you are in transit you can have the MD attorney write a letter to the spouse explaining that you are going to divorce and you would like to work out a settlement.

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Customer reply replied 2 years ago
Ok. I will certainly look into this.
I also would like to confirm that according to my online research Washington state is one of the few states in the US that can give you residency right away. Is this correct?
Another question: is my dog considered an asset? Should I include him into the list of items I would like to get after the divorce?( ps I am taking my dog with me regardless what the law says...)
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

For divorce purposes, that is the way I interpret the law. I reviewed that as I always want to remind people there are residency requirements. Apparently in Washington state it is immediate.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

Dogs are considered personal property. An award of ownership will go to one or the other. You can take the dog with you. Worse case scenario if you bought the dog together he can oppose and a court could make you pay him a share of the property.

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Customer reply replied 2 years ago
You did say that you recommend me contacting local attorney to write a letter to my husband. I actually already wrote a letter myself. It explains why I'm leaving and what settlement in seeking. In this case do I really need to hire an attorney here in Maryland or can I just go ahead and make a move? And while I'm driving I'll send my letter to my husband and then call him and talk to him, and then proceed with divorce in Washington state?
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you.

Yes. I suggest that sounds like a viable and legal plan.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

Keep a copy of your letter and if you have a PO box in Washington request a return receipt to that PO box showing he was delivered the letter and the date.

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Customer reply replied 2 years ago
I was planning to send it via email. This way he won't know my new address. And I will see if it was delivered or not.
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

You can send it by email.

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Customer reply replied 2 years ago
Alright. Then i think I know what I will do. Thank you very much for your help.
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

You are very welcome. I wish you the best of success with this matter.

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