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My husband wish to file for a separation - he obtained a…

Customer Question
My husband wish to...

My husband wish to file for a separation - he obtained a lawyer - my husband is asking the we separate but still live in the house that he is trying to sale

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Iam in the state of Maryland

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just how to proceed

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
9/7/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,209
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Maryland doesn't have a "legal separation" that a person files with the courts. Separation is one of the grounds for divorce, and it requires that the parties live in separate homes and not engage in sexual activity for at least two years. The separation period starts when one of you moves out of the marital home. If you do not wish to divorce, you do not have to move out.

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Lawyer: Lucy, Esq., Attorney replied 8 months ago

You can choose to stay where you are and make him leave. Many spouses choose to negotiate a separation agreement if they have minor children together or if to separate marital assets. If you need his assistance to support yourself, that would also be negotiated as part of a separation agreement.

If you do not have children or assets to separate and don't need spousal support, once you move into separate homes, there is nothing you need to do (legally speaking) until the two year separation period has passed. But if you have joint accounts, you may want to look into opening accounts in your name only and taking your share of the assets to stop him from walking away with everything.

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Customer reply replied 8 months ago
we have no minor children, all our children are grown, he had his attorney made up agreement and wanted me to sign, the agreement was for him an I to stay in the home and each party will is to pay all the expenses equality until the house is sold and both he and the attorney wants the house to sold by 12-17 I have no relatives in the state of Maryland to where I can just get out move to in the house now is me and 3 of our daughters and one grandson I advised him that I was not signing the agreement that he and his lawyer made up, I told him he just leave the home and file for separate thru the courts
Lawyer: Lucy, Esq., Attorney replied 8 months ago

He cannot make you sign the agreement. You're free to continue living in the house unless a judge tells you to move out. During the divorce, you can ask that the judge give you the house. He cannot file for divorce for 2 years after he moved out.

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Lawyer: Lucy, Esq., Attorney replied 8 months ago

I'm afraid there was a problem with your payment. That happens sometimes when the credit card company wants to make sure you were the one who requested the charge. After you talk to them, you can submit another request.

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Customer reply replied 8 months ago
okay I have to call navy federal and get back with you what is the phone to where I call you
Lawyer: Lucy, Esq., Attorney replied 8 months ago

Once the request comes back through, I'll call you. I'm not able to give out my phone number.

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Lawyer: Lucy, Esq., Attorney replied 8 months ago

Do you have any other questions about this?

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