Can I legally ask my husband for a separation but not have to leave my home? 27 Answers as of July 08, 2013

His name is on all the bills. I want to separate but remain in our home. I have a 17 year old son.

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
Georgia does not recognize a "legal separation". When you file for divorce, you assert in the pleadings that you are living in a "bona fide state of separation." That simply means that you and your husband have not had marital relations (sex) since a certain date. There is an action for separate maintenance that can be filed in certain circumstances, but I am not sure if your circumstances is one of them. I would recommend scheduling a consultation with a local Divorce Lawyer.
Answer Applies to: Georgia
Replied: 1/16/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You don't need to move, and you don't need to"ask for a separation", but if you want to separate from your husband, you need to manifest to your husband that the marriage is over and that you have no intention to resume the marriage - best to do so with a letter that you keep a copy of, and sleep in a different room from the room your husband sleeps in. The letter will establish the date of separation. An important consideration for you to be aware of is that after the date of separation, each party's earnings will be the separate property of the party earning those earnings, whereas during the marriage and prior to separation, each party's earnings are community property. If you separate from your husband, yet continue to live in the same house with him, why don't you divorce him? It generally takes about a year or so to complete divorce proceedings, andyour question makes it fairly apparent that the marriage is over.
Answer Applies to: California
Replied: 1/13/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Georgia courts do not issue legal separation orders, but if the two of you can come to a written agreement on living separately (including financial and property issues), a Georgia court will enforce it.
Answer Applies to: Georgia
Replied: 1/13/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You can ask for anything. He may or may not agree. To compel a result, you get a lawyer, file a case and ask the judge.
Answer Applies to: Georgia
Replied: 1/13/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
It depends on whether he agrees to leave the home, if not, you have to file the appropriate motion to have him removed from the home. It won't be easy and you will most lilkeyy need the assistance of counsel. There are a lot of issues here that need to be discussed: child support, parenting plan, possibly maintenance, division fo debt and divsion of assets. Filing for a legal separation does not protect you from having to take all of the same steps you would need to if you filed for divorce.
Answer Applies to: Washington
Replied: 1/13/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    What is required is a "temporary order" which grants exclusive use of the home to you while the case is pending. Typically, with kids in the home, the court will divide the assets so the home doesn't have to be sold or if it does, it is sold when the kids finish school.
    Answer Applies to: Kansas
    Replied: 1/12/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    It depends. Who owns the house? You, him or both. If you no you can stay. If both then it will be negotiated or the court will decide. If him, be prepared to leave.
    Answer Applies to: Alabama
    Replied: 1/12/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You would need an order from the Court.
    Answer Applies to: Wisconsin
    Replied: 7/8/2013
    Peyton and Associates | Barbara Peyton
    Yes If the two of you can get along, there is no reason why you can't proceed with a legal separation or a divorce and continue to share a residence. In view of your son's age and the economics of today, both of you staying in the house is a wise move.
    Answer Applies to: California
    Replied: 1/12/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    There is no legal separation in Florida, and no, you do not have to leave the marital home until and unless a judge orders you to do so. However, nothing stops you from sleeping in separate rooms but still living together.
    Answer Applies to: Florida
    Replied: 1/12/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You do not have to move from your home. I urge you to meet with an experienced family law attorney to discuss the alternative options of filing a petition for legal separation or divorce and the issues of child and spousal support.
    Answer Applies to: California
    Replied: 1/12/2012
    The Law Offices of Diane M Sternlieb | Diane Sternlieb
    File a divorce and ask for temporary possession of the marital home.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you and he agree, you could have a legal separation and continue in the home. Nothing in the law requires you to move out. However, if you go forward with the process until its conclusion at some point the court will want to have some finality between the both of you and right of privacy where one of you could retain legal procession of the premises.
    Answer Applies to: California
    Replied: 1/12/2012
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Many divorcing couples remain in the family home. The only way you can be removed during a legal separation, or divorce case is if the landlord has the right, and evicts you, or there is a finding of domestic violence, then the family court can order you (or your spouse) removed. The family court will not remove a spouse unless there is domestic violence.
    Answer Applies to: California
    Replied: 1/12/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Obviously you can "ask" and you can do anything that you & your husband agree on. If you can't agree, you will need to pursue having a judge decide who will live in the house. That decision will necessarily have to involve two period of time: the immediate future while the legal case is pending and the long-term permanent result decided at the end of the case. For the long term solution a decision about who will become the sole owner will be required; on a short term basis it is simply who has the right to live in the home on a temporary basis.
    Answer Applies to: Colorado
    Replied: 1/12/2012
    Smith, Gildea & Schmidt | Michael Gene DeHaven
    You can ask, but if he doesn't go voluntarily you would have to file a Complaint for either Limited or Absolute Divorce, assuming you had the grounds to do so, seeking use & possession of the marital home. I assume, since you didn't mention it, that there has been no act of abuse that could give rise to a Protective Order, which is the only other way for a court to order a spouse out of the marital home.
    Answer Applies to: Maryland
    Replied: 1/12/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    In Texas, we have no formal legal separation. This is largely because we have only a sixty day waiting period for divorce. You and your husband can either proceed to divorce or, alternatively, enter into post-marital agreements as to property. Your agreements, however, are just between the two of you. They do not impact the ability of a creditor of you as a couple or as a spouse from pursuing either of you.
    Answer Applies to: Texas
    Replied: 1/12/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington law, a "legal separation" occurs when either (1) the parties commence living in physically separate locations with no clear/specific intention of resuming co-habitation OR (2) one party files a Petition for Decree of Legal Separation even though they continue to live in the same home. Under the circumstances that you describe, merely stating your desire for a "separation" does not comprise a legal separation. The real question is: What are your goals and objectives? Do you want a divorce? Do you want to work on the marriage but have him move out of the house? Do you want to move from the home with your 17 year old child? Clarifying your objectives will allow you to identify your options.
    Answer Applies to: Washington
    Replied: 1/12/2012
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    Just because you ask for a separation or divorce does not mean you have to move out of the house. You are entitled to live there until a judge orders you out or you and your spouse agree to your leaving. Typically the only way you will be removed from the house is because of a domestic violence restraining order or a temporary order in which the judge orders you to leave. You should consult with an attorney in your area to see what is likely to happen given your circumstances.
    Answer Applies to: Wisconsin
    Replied: 1/12/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can ask for that. He can ask that you leave. You can ask he leave.
    Answer Applies to: Washington
    Replied: 7/8/2013
    Lana Panagoulia Law, PLLC
    Lana Panagoulia Law, PLLC | Lana Panagoulia
    The short answer is yes. However, you should consult with a family law attorney regarding all your options, including, any other relevant facts that may be helpful in making an informed decision. In Michigan we call legal separation 'separate maintenance' and the procedure is similar to a divorce.
    Answer Applies to: Michigan
    Replied: 1/12/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes.
    Answer Applies to: New York
    Replied: 6/2/2013
    The Law Offices of William Henig, P.C. | William Henig
    Yes. You can sign a separation agreement.
    Answer Applies to: New York
    Replied: 1/12/2012
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Yes you can, if you both agree to it. In Florida, there really is no such thing as a legal separation. What you can do is enter into a Separation Agreement which is also known as a Post Nuptial Agreement. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 1/12/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    There is no such thing as a legal separation in Georgia. You can file for divorce and remain in the home while the case is pending if either the parties agree or the judge orders that to be the arrangement. You can also "informally" separate by staying in separate bedrooms or areas of the house.
    Answer Applies to: Georgia
    Replied: 1/12/2012
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