Skip to main content
James J Gross
Avvo
Pro

James Gross’s Answers

24 total

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

    My husband told me he was leaving me and packed clothes yesterday and left. He is employed with NSA with Top Secret Clearance. He has been very abusive to me and the police have come to our home on several occasions in response to my calls. He ref...

    James’s Answer

    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).

    See question 
  • 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 law in MD earlier this year that stated 1 year without intercourse can be used as grounds of separation even if couple lived together. is this true?

    James’s Answer

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

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

    My husband and I have slit up. We want to get a devorse I want to know what I need to write for a leagal seperation

    James’s Answer

    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.

    See question 
  • Bills

    Who pays the mortgage,utilitys things like that if I own the house but wife gets use and possession and is it 3 years or up to 3 years.

    James’s Answer

    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.

    See question 
  • Does adultry affect non maritial property

    does adultery affect non maritial property

    James’s Answer

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

    See question 
  • Where should I file for divorce, DC or Maryland?

    My husband and I were married in DC but we live in Maryland. Can I file for divorce in DC since we have a DC marriage license or do I have to file in Maryland?

    James’s 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.

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

    i have been married for 9 years, i have 1 child with my husband, we have a debt consolidation loan together and one shared credit card. i want to move back to my home state with my son when the divorce is complete.

    James’s Answer

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

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

    I am going through a speration/Divorice. I am the mother of our 2 year old and his primary caretaker during the day. He wants me to move out and come to the house during the day to watch him. Do I have any rights to stay in the house?

    James’s Answer

    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.

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

    I am filling for divorce in Maryland but we both cannot afford to live on our own during the seperation period, can we both live in our home if we make part of the home a seperate living area or an apartment until we sell the house?

    James’s 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 right tor remarry.

    See question 
  • We have been married since April of 2007. We have only been able to live under the same roof for approximately 6 months

    total time for the past 2.5 yrs. I moved out for good June 1st of 2009. Is there any possibility my wife could receive alimony after such a short period of marriage? We fight all the time because she refuses to go to work. She has a nine year ...

    James’s Answer

    There is always a possibility. In determining alimony, duration of the marriage is one of several factors the judge must consider, as well as health and income earning abilities of the parties. There are benefits and costs to hiring a lawyer and it is a decision each individual must make.

    See question