Can I legally ask my husband for a separation but not have to leave my home? 24 Answers as of January 16, 2012

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.

File a divorce and ask for temporary possession of the marital home.

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.

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.

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.

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.

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.

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.

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.

I'm not quite sure what you mean by a "separation". Texas actually does not have any legal separationyou can get divorced with it without anyone ever moving out at all. I think what you probably mean is can you make him move out. If so, the best answer I can give you is "maybe". You can file for divorce and ask the court to enter what are called temporary orders, which specify both spouses' rights and responsibilities while the divorce is pending. By and large, the goal is to maintain the status quo, so that no one decides to spend all the marital assets, take a wrecking ball to the house, or move the kids to Canada while the divorce is pending. But some things obviously have to be done a little differently, and usually, one of those things is having one spouse move out of the marital home (not always, but usually). The court would decide which spouse that will be, as well as how the household bills are going to be paid while the divorce is pending and how custody, support, and visitation will work with your son for now. Normally speaking, if there is a child involved, the goal is to keep the child in the house to minimize the disruption to the child's life, and so whichever parent the child will be living with is usually the one who end up staying in the house. Given your son's age, all other things being equal, your son will likely get to choose which parent he wants to live with, so his decision will probably play a major role here (court don't always decide custody that way, but unless there's some major issue with the parent or household the child chooses, it's uncommon to go against the child's wishes when the child is that old).

Yes. You can sign a separation agreement.

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.

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.

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.