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help78 · Jun 17, 2010, 06:45 AM

We have lived apart for more than 15 years I am disabled and now he is disabled as well. We own a house together which he lives in. I don't want the house.

AskTheKitty · Jun 21, 2010, 02:23 PM

Yes, you can divorce someone who is disabled.

Most states require the married couple to be physically separated anywhere from 3-6 months before the divorce can be finalized.

You've already been apart for 15 years so it probably wouldn't take long to get a divorce filed and finalized. The fact that you're both disabled makes no difference.
You can state in the divorce papers that you don't want anything to do with the house.

If your husband doesn't want the divorce, if he contests it, that would make it more difficult to obtain and you'd likely have to get a lawyer.

If you're both in agreement about getting divorced though, in many states you can do it all online. I got my divorce online without a lawyer or going to a courthouse. I used completecase.com and was very satisfied with the price and simplicity of it.

JudyKayTee · Jun 28, 2010, 07:21 AM

Originally Posted by AskTheKitty

Yes, you can divorce someone who is disabled.

Most states require the married couple to be physically separated anywhere from 3-6 months before the divorce can be finalized.

You've already been apart for 15 years so it probably wouldn't take long to get a divorce filed and finalized. The fact that you're both disabled makes no difference.
You can state in the divorce papers that you don't want anything to do with the house.

If your husband doesn't want the divorce, if he contests it, that would make it more difficult to obtain and you'd likely have to get a lawyer.

If you're both in agreement about getting divorced though, in many states you can do it all online. I got my divorce online without a lawyer or going to a courthouse. I used completecase.com and was very satisfied with the price and simplicity of it.

This is incorrect legal advice - I am not aware of the "most States require a separation ..." rule. In NY (and many other States) you are told NOT to leave the house until the separation agreement (if there is one) or Judgment of Divorce are filed so couples do continue to live together.

On line divorce when property is involved, disability benefits, any joint holdings, is very, very dangerous - people come back to the legal boards years later with unresolved problems. Good that it worked for you but that is not necessarily always the case.

As far as the house - a lot depends on whether there is a mortgage, whose name it is in, whether other property is involved, the value of the property.