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#307552 - 11/02/07 04:48 PM Separation and Divorce
elisesmom Offline
recently joined

Registered: 11/02/07
Posts: 1
I'm trying to figure out where to start. We've just decided that we would like to get a divorce. I have determined that to get a divorce we need to be separated for a year first. Do we need to file for legal separation now? If so how is that done? Or is it not necesary in Maryland? I have heard that if I were to leave without filing for a legal separation I could be guilty of abandonment but I don't know if that applies here in Maryland. If filing for legal separation is not necessary then is there anything I should be doing now? Or should I just wait until that year of separation is over and then start the process?

My other question has to do with moving out of state. My family is in Arizona and Colorado and I have considered moving out that direction. What would be the consequences of doing that now? Should I wait until the divorce is final? I should add that I have 2 kids (well one is still on the way at the moment, but I'll have 2 by the end of next month).

If anyone has any input it would be appreciated.

#307553 - 11/19/07 01:24 AM Re: Separation and Divorce [Re: elisesmom]
honeejr Offline
recently joined

Registered: 09/19/07
Posts: 2
I have been in the middle of a divorce since Aug. To be honest I wish I had done the separation agreement. But my situation is very complicated so one could not be done. So If both you and him are in agreeance of the separation and you have children a home, bills, cars, etc..yes I would say get one. Because the agreement will be that first step in getting those issues resolved. (who pays what, child issues, money issues etc.) If you do not have any of the above issues you can just go directly to filing for a divorce. As far as leaving the state. I was told there was no problem with it as long as I didn't have children involved. Again this issue is solved with the separation agreement and other paperwork that your lawyer can look into. Your husband though can say no, fight it and you will have to stay in the state until the divorce is final. Hope that helps some.

As far as the abandonment issue I have learned this. My husband walked out on me. His lawyer knew it my lawyer knew it. I have placed that as reasoning for my divorce. BUT the main reason why is because he left without keeping up with the household obligations. If he had left and kept up with the mortgage, and other bills he wouldn't be found guilty of it if brought up in court. Bottom line is this, if you leave don't leave him stranded to pay for everything help out with the obligations until you and him have hashed out on a legal document (the separation paper) who is doing what. :-)

Good luck.


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