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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We have been married for 36 years. The only thing we have

Customer Question

We have been married for 36 years. The only thing we have jointly is our home and land. The land was inherited via his family. I do not want a divorce nor do I want him to sell the land if we separate. I can and have supported myself all these years. If I leave will it be considered abandonment and could he get the divorce by default? Are should we file legal separation?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you leave him and the home/land, it could be deemed abandonment and a basis for divorce. He could not get a divorce by default, as he would still have to file suit for divorce and serve you the complaint and summons and you have a opportunity to answer the divorce. If you answer the divorce then no default would be filed. If no answer is submitted, then he could move for default.
You could file a legal separation and as part of that separation, you would file to divide the marital property to separate the marital property as well so each of you gets your share as part of the separation.