James J Gross’s Answers

James J Gross

Chevy Chase Divorce / Separation Lawyer.

Contributor Level 8
  1. Maryland Divorce - Attorney or Online Divorce Service

    Answered about 6 years ago.

    1. James J Gross
    2. Afshin Pishevar
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

  2. My husband told me he was leaving me and packed clothes yesterday and left. He is employed with NSA with Top Secret Clearance. H

    Answered over 1 year ago.

    1. James J Gross
    2. Karen M Authement Esq
    2 lawyer answers

    Unless you agree otherwise you do not waive any grounds for divorce. Once an agreement is reached on all issues in a divorce, however, there is usually no reason to proceed on fault grounds, and most people are content to use no fault grounds (one year separation).

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Where should I file for divorce, DC or Maryland?

    Answered over 4 years ago.

    1. James J Gross
    1 lawyer answer

    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.

    2 people marked this answer as helpful

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

    Answered almost 5 years ago.

    1. James J Gross
    1 lawyer answer

    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...

    2 people marked this answer as helpful

  5. About residence

    Answered about 5 years ago.

    1. James J Gross
    1 lawyer answer

    It is a physical separation, which is one of the grounds for filing a divorce in Maryland. And there is nothing illegal about it. So in that sense it is a legal separation. There is also a legal proceeding in Maryland called a limited divorce which is similar to a proceeding in DC called a legal separation.

    1 lawyer agreed with this answer

  6. How do I go about getting my part of my ex-husbands retirement.

    Answered about 5 years ago.

    1. James J Gross
    1 lawyer answer

    You have to ask the court to issue a special order, for example, 401k Pension Plans are divided by a Qualified Domestic Relations Order ("QDRO").

    1 lawyer agreed with this answer

  7. Can I buy a house?

    Answered over 5 years ago.

    1. James J Gross
    1 lawyer answer

    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.

    2 people marked this answer as helpful

  8. Is it possible to request alimony, spousal support after being divorced for over 5 years

    Answered almost 6 years ago.

    1. James J Gross
    1 lawyer answer

    If you don't ask for alimony at the divorce hearing, you cannot get it later.

    1 lawyer agreed with this answer

  9. MD family law, divorce law, pro se

    Answered almost 6 years ago.

    1. James J Gross
    1 lawyer answer

    it seems as though your divorce case is not going to be a simple one, especially if you have disputes over grounds for divorce, the children, support and a pension. I would recommend that you see a lawyer.

    1 lawyer agreed with this answer

  10. Legal Separation

    Answered about 6 years ago.

    1. James J Gross
    2. Marshall William Waller
    3 lawyer answers

    Separation is used in three different contexts in Maryland. (1) Physical separation is grounds for divorce but it has to be under separate roofs. There are other grounds, such as cruelty or adultery, which can be brought even if you are living together. (2) A Limited Divorce, which is a legal proceeding, is called a Legal Separation in some states. The Ricketts case said you could maintain a limited divorce action based on constructive desertion even if you are living together. (...

    1 lawyer agreed with this answer

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