Family Home and Living Separately

The family home and living separately dramatically impact a grounds for divorce:

Living Separately, Continuously Apart in separate places of abode for over one year is the most common grounds for divorce put forth by family law attorneys in the Annapolis, Maryland divorce court.   That sounds simple enough.  But, sometimes financial circumstances have an impact on the grounds for divorce.   People often think that if you are living in separate rooms in the family home you are “living separately.”  It is not that simple.

If you have been following my posts over the last several months you know that in order to file for divorce the parties must be living separately (i.e. no longer residing in the same house). This can prove a big challenge to parties who want to start the divorce process but do not have the money to move out and set up a separate household. Then of course the next decision is which party should incur the effort and expense of moving. When parties jointly own a home there is virtually no legal action that one party can take against another in order to force one party out of the house except in the case where the issue of domestic violence or other threatening or harassing conduct is implicated. However, the legal analysis is different when only one spouse holds title to the house.