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Living In The Same House and Filing For Divorce
Can I live in the same house and file for divorce?
The general rule was the only grounds for staying in the same home and filing for divorce was on the grounds of cruelty and adultery. A recent Maryland Divorce Case Ricketts v. Ricketts just changed the ground rules.
It now appears the Court will allow someone who has abandoned the bedroom, for example, to still live in the same house and file for divorce.
In the July 28, 2006 opinion the Court held “We have held, however, that constructive desertion may occur where both parties continue to live under the same roof.”
What does this mean for you? It simply means
that you do not have to leave the marital home where one of the
parties has constructively left the marriage. As with all cases
you need to speak with a competent divorce lawyer as to your
specific facts.
By:
By Belli, Weil & Grozbean, P.C.Our family law section is headed by STUART H. GROZBEAN. Mr. Grozbean was named to "Who's Who" in 1998, 1999, 2000. He is now a life member of "Who's Who", a prestigious national recognition of outstanding professionals in the United States. He is also the developer of the child support guidelines program in Maryland. His program is widely used by Judges, Masters and Lawyers in Maryland.
Mr. Grozbean has been quoted in the Washington Post, USA Today and on various television and news channels
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The information that you read here is general in nature and is not meant to be a substitute for specific legal advice from an attorney. |
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Note: Telephone Conversation / consultation does not create an attorney client privilege and is only meant to provide general information. If you intend to create an attorney client relationship and privileges you must set an office appointment. Free consultation does not apply to employment matters.
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We provide legal services in Maryland (MD) mediation for families in the Maryland counties of Montgomery county, Frederick, prince George's, Howard, Anne Arundel, Rockville, silver spring, Baltimore county, Darnestown, Gaithersburg, Bethesda, Kensington, Washington county, Rockville Washington, Potomac, Darnestown, Olney, sandy springs, Derwood, king farm, Kentland, greenbelt USA litigator STUART H. GROZBEAN. HENRY E. WEIL Maryland Divorce Attorney now available.