Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

we are 70 & 80 years old have to live in same house cant afford

we are 70 & 80...
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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 19 minutes by:
9/1/2012
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,490
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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.
.
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.
.

.

.

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.

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,490
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 5 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.

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)
.
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".
.
“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.

Ask Your Own Legal Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,490
39,490 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is this confidential? I am a contract. Texas. None
Is this confidential? JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out t… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
Can a signed property settlement agreement be appealed
Hello, can a signed property settlement agreement be appealed before it goes before a judge? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I have a court order for my Marriage settlement agreement
I have a court order for my Marriage settlement agreement that lists an end date for child support. As I understand, I will need to make a motion for emancipation. If the end date is June 2018, how fa… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
A coworker was to keep a conversation confidential have it
a coworker was to keep a conversation confidential have it in writing but she posted to social media naming a person I said I could sue for slander and also mentioning I thought he was stalking me but… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I have had a Marital settlement agreement with my Ex-wife
I have had a Marital settlement agreement with my Ex-wife and She filed for a no fault divorce which I consented to and included the MSA in the filling and divorce was granted.The MSA included the cus… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Let's say I entered into a settlement agreement with a
Hi,Let's say I entered into a settlement agreement with a publisher after I was found to have sold counterfeit books from that publisher, agreeing not to infringe again. The contract also stated that … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
Will the conversation be kept in confidential? I have a
I have a question about the Release of Employment Information. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My Marriage settlement agreement (MSA) states that I will
My Marriage settlement agreement (MSA) states that I will pay child support until our child turns 22, which is in a few months. In order to make it all official, do I have to make a motion to emancipa… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Is a confidentiality agreement cover fraudulent activities
is a confidentiality agreement cover fraudulent activities by the person asking for the agreement? This isn't my employer. This is my soon to be ex boyfriends parents who have committed fraud a few ti… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
​DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH
​DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH LACKS A WAIVER OF CALIFORNIA CIVIL CODE § 1542 INVALIDATE THE RELEASE WITH THE CALIFORNIA PARTY IN A FLORIDA STATE COURT PROCEEDING? Is their a… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I have a business partner that is going a little insane
I have a business partner that is going a little insane right now I have a lawyer already but I need advice on how or if I should be repsonding to his emails … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,866 satisfied customers
If a settlement agreement has been signed by both parties,
If a settlement agreement has been signed by both parties, can it be changed: … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In a settlement agreement between two individuals, (one
In a settlement agreement between two individuals, (one citizen of US, one of AU) would a clause giving to California "sole, mandatory, exclusive venue and jurisdiction" over the dispute as to the "te… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
If settlement agreement contains a clause that both parties
If settlement agreement contains a clause that both parties agree to ask the court to seal/redact lawsuit records, would the court normally agree to seal/redact such lawsuit records? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need some case law on a settlement agreement that was
I need some case law on a settlement agreement that was forged and the forgery was discovered on a renewal of jugment. In california superior court … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am looking for a simple family settlement agreement for
I am looking for a simple family settlement agreement for the state of Pa. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Can a Motion to Enforce a settlement agreement be brought
Can a Motion to Enforce a settlement agreement be brought back to the same court where the action was dismissed with prejudice upon settlement?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Briefing 1. I and plaintiff reached settlement agreement in
Briefing 1. I and plaintiff reached settlement agreement in the open court when Judge was there 2. The agreement had a big open end, both agreed that there are two issues needed to reach AGREEMENT, on… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x