James J Gross's Answers

Where should I file for divorce, DC or Maryland?

You file for divorce where you live, not where you were married. But Maryland has a one year residency requirement unless the grounds for divorce occurred in Maryland. DC has a six month residency requirement. So it is not unheard of for some Maryland residents to move to DC to get divorced faster.

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Can me and my husband live in the same home while we are seperated ?

If you are filing for divorce under the no-fault grounds of one year voluntary or two year's involuntary separation, Maryland law requires that you reside under "separate roofs", that is not in the same house. However, you can live in the same house and file for divorce under fault grounds, which include desertion, cruelty and adultery. And, most importantly, you can live in the same house with a separation agreement, which can give you almost everything a divorce gives you, except the...

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Can I buy a house?

While the court can take into consideration the whether assets were acquired before or after separation, a new house is marital property if purchased during the marriage. You can, however, have a partial property settlement with respect to the new house that would make it your sole and separate property in a divorce.

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Maryland Divorce - Attorney or Online Divorce Service

Onliine services are good for ordering pizzas. But I wouldn't want to do an appendectomy or brain surgery by following online instructions. Washington state just shut down and online divorce company for complaints and having no attorney on staff. I have seen DC online forms that have the age that child support ends wrong. The more complicated your case, the more you need an attorney. Complications include children, alimony, a house, pensions plans, stock, etc. You can minimize the...

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Is it true that a couple can live in same home but file for divorce if there is 12 months without intercourse

There was a bill like this introduced last year in the Maryland legislature but it did not pass.

When i want to write up serparation papers what do I need to write?

That's a more complicated question than can be answered here. Basically you will cover all legal and financial aspects of your marriage and divorce, including alimony, children and property division.

Bills

The court can require one or both parties to pay the expenses if you cannot settle. It is up to three years from the date of divorce.

Does adultry affect non maritial property

No, but the judge can consider fault and non-marital property, among other factors, in determining a marital award.

What is my first step to a divorce in the state of Maryland

You might want to see if you and your spouse can negotiate a Separation Agreement first.

Legally how do you decide who had to move out of the house during a seperation?

If your name is on the deed or the lease, you have as much right to occupy the house as he does, until and unless a court orders otherwise.